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NY D80796




August 25, 1998

CLA-2-62:RR:NC:WA:357 D80796

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6201.93.3000; 6201.93.3511; 6210.40.5020

Ms. Jeanne O'Connor
Seino America, Inc.
801 S.W. 16th Street
Suite 124
Renton, WA 98055

RE: The tariff classification of three men's jackets and a man's padded sleeveless jacket from the Philippines, Malaysia or Sri Lanka

Dear Ms. O'Connor:

In your letter dated July 16, 1998, you requested a classification ruling.

Four samples were submitted as follows: Style number J736 is a pullover jacket constructed of a shell composed of a woven 100% polyester fabric which has a visible breathable 5000mm polyurethane coating on the inner surface. The garment is lined in the body with a mesh fabric on the upper back portion and with a woven fabric on the lower back portion, on the front body and in the sleeves. The jacket has a stand-up collar, an integral hood with a drawcord tightening and a partial opening at the neck secured by a zipper closure. The hood can be rolled up and secured within the collar by a zipper closure. An overlapping flap with three snaps covers the zipper area. There are two front pockets with zipper closures at the waist, two grommets for ventilation under each armhole and elasticized sleeve cuffs and waistband.

Style number J769 is a padded sleeveless jacket constructed of a shell composed of woven 100% nylon fabric which you state has a polyurethane coating. The garment is lined with a woven 100% nylon fabric which is quilted to a nonwoven polyester batting. The garment is sleeveless and has a stand-up collar and a full front opening secured by a zipper closure. The garment has a zipper pocket along the front placket, two front pockets at the waist and an elastic band at the bottom hem.

Style number J733 is a jacket constructed of a shell composed of a woven man-made fabric which you state has a polyurethane coating. The garment is lined in the body with a knit polyester fleece fabric and in the sleeves with woven nylon fabric. There is a nonwoven polyester batting insulation. The jacket has a full front opening secured by a zipper closure and a a pointed collar with a button tab at the neck. There are two front pockets with a snap closure at the waist and an inner pocket with a "VELCRO"-type fastener. The sleeve cuffs and waistband are composed of a ribbed-knit fabric.

Style number J770 is a jacket constructed of a shell composed of a woven 100% polyester fabric which you state has a polyurethane coating. The garment is lined in the body with a mesh fabric on the upper portion of the front and back panels, and with a woven fabric on the lower portion of the front and back panels and in the sleeves. The jacket has a detachable hood with a drawcord tightening and two "VELCRO"-type fasteners at the chin. The hood is held to the garment by four snaps. There is a full front opening secured by a double pull zipper closure. An overlapping flap with five snaps and a "VELCRO"-type fastener on the collar covers the zipper area. There is a zippered pocket along the upper portion of the front placket, an inner drawcord tightening at the waist, two front double entry bellows pockets secured by flaps with "VELCRO"-type fasteners and an inner pocket. The sleeve cuffs are partially elasticized and have a tab with a "VELCRO"-type fastener.

The coatings on style numbers J769, J733 and J770 are not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The samples are being returned to you.

Although you indicated in your letter that each garment is unisex, in a phone conversation and in a fax you submitted you stated that each garment is cut for a man. Therefore each garment will be classified as a man's.

The applicable subheading for style number J769 will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' padded, sleeveless jackets, of man-made fibers, other. The duty rate will be 16.2 percent ad valorem.

If style numbers J733 and J770 pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style numbers J733 and J770 do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for style number J736 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

Style numbers J736, J733 and J770 fall within textile category designation 634. Based upon international textile trade agreements products of Malaysia, Sri Lanka and the Philippines are presently subject to quota restraints and the requirement of a visa.

Style number J769 falls within textile category designation 659. Based upon international textile trade agreements products of Malaysia and the Philippines are presently subject to quota restraints and the requirement of a visa. Products of Sri Lanka are not presently subject to quota but a visa is required.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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