United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY 850132 - NY 850594 > NY 850264

Previous Ruling Next Ruling
NY 850264




CLA-2-62:S:N:N3I:357 850264

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6210.50.1020; 6201.93.1000

Ms. Kitty Collins
Marmot
3098 Marmot Lane
Grand Junction, Colorado 81504

RE: The tariff classification of five outerwear jackets from Hong Kong and Korea.

Dear Ms. Collins:

In your letter dated February 27, 1990, you requested a tariff classification ruling.

Five samples were submitted as follows: Style number 1265, "Alpinist Parka w/hood," is constructed of a two layer shell composed of a woven nylon fabric face laminated to a Gore-Tex membrane back. A three layer fabric consisting of a woven nylon face and a knit nylon back laminated to a Gore-Tex membrane between is used for reinforce- ment on the garment's shoulders, arms and hip area. The garment's lining is composed of a 100% polyester knit on the top portion and a woven 40d nylon taffeta on the bottom portion. The sleeve lining is composed of a knit nylon mesh. The parka has a zip-off hood, a high powder collar with drawcord, a chin guard secured by snaps and a "VELCRO"-type fastener and double storm flaps also secured by "VELCRO"-type fasteners covering the front zipper. There is a gripper elastic powder skirt, an inner elastic drawcord at the waist, two bellow zip chest pockets, "Pit Zips" for ventilation and sleeve cuffs with adjustable "VELCRO"-type fastener tabs.

Style number 1286, "Alpinist 3 Layer Anorak," is an unlined pullover jacket constructed of a woven nylon fabric face and a knit nylon fabric back laminated to a Gore-Tex membrane between. The garment has a partial front zipper opening, double storm flaps secured by "VELCRO"-type fasteners, a chin guard, an attached hood with drawcord and an elastic drawcord hem. There are two bellow zip chest pockets, a kangaroo-style zip cargo pocket and a double handwarmer pocket. The garment's sleeves feature "Pit Zips" for ventilation and the sleeve cuffs have elastic and an adjustable "VELCRO"-type fastener tab.
Style number 7506, "LTD Anorak," is a pullover jacket constructed of a woven 40d nylon taffeta HTZ shell. The LTD two layer lining is composed of a tricot nylon knit face laminated to a Gore-Tex membrane back. The anorak features an attached hood with an elastic drawcord. A partial front zipper opening with a storm flap secured by snaps covers the zipper area. There are two front zippered pockets, an elastic drawcord waistband and sleeve cuffs with elastic and adjustable "VELCRO"-type fastener tabs.

Style 0728, "Alpinist Down Parka w/hood," is constructed of a two layer shell composed of a woven 40d nylon taffeta face laminated to a Gore-Tex membrane back. The lining of the garment is composed of a woven 40d nylon taffeta. The parka has an insulation of goose down which we assume to be at least 80 percent down and 20 percent feathers. Features of the garment are a zip-off down hood with drawcord, a high powder collar, a chin guard secured by snaps and a "VELCRO"-type fastener and a storm flap also secured with "VELCRO"- type fasteners covering the front zipper opening. There are two zip handwarmer pockets, a gripper elastic powderskirt secured by snaps, an inner elastic drawcord at the waist and sleeve cuffs with elastic and an adjustable "VELCRO"-type fastener tab.

Style number 3620, "Men's Sport Down Sweater," is constructed of a woven 40d nylon taffeta HTZ shell and a woven 40d nylon taffeta lining. There is an insulation of goose down which we assume to be at least 80 percent down and 20 percent feathers. The garment has a full front zipper opening, a high powder collar, two zippered handwarmer pockets and two inner pockets secured by "VELCRO"-type fasteners. The sleeve cuffs have elastic and a "VELCRO"-type fastener and the waist- band is elasticized.

If style numbers 1265, 1286, 7506 and 0728 are, as you indicated, sold to both men and women, and cannot be identified as men's or boy's, then the applicable classification for the garments will be in the HTS subheading covering women's and girls garments.

The five samples are being returned to you as you have requested.

The applicable subheading for Style 1265, "Alpinist Parka w/hood," Style 1286, "Alpinist 3 Layer Anorak," Style 7506, "LTD Anorak" and Style 0728, "Alpinist Down Parka w/hood," will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The rate of duty will be 7.6 percent ad valorem.

The applicable subheading for Style 3620, "Men's Sport Down Sweater," will be 6201.93.1000, HTS, which provides for men's anoraks, windbreakers and similar articles, of man-made fibers, containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight, containing 10 percent or more by weight of down. The rate of duty will be 4.7 percent ad valorem.

Styles 1265, 1286, 7506 and 0728 fall within textile category designation 635. Style 3620 falls within textile category designation 653. Based upon international textile trade agreements, products of Hong Kong are not presently subject to quota restraints but a visa is required. Based upon international textile trade agreements, products of Korea are presently subject to quota restraints and a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: