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January 15, 1999

CLA-2-62:CL:FO:CB:I20 D86111

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011; 6204.63.3000, 6204.63.3510

Mr. Steve Kenger
Prestige Global Co., Ltd.
1350 Broadway, Suite #1505
New York, NY 10018

RE: The tariff classification of a women’s woven jacket and a pair of women’s woven trousers to be manufactured in Indonesia

Dear Mr. Kenger:

In your letter recent letter, which was received by Customs on December 18, 1998, you requested a tariff classification ruling on behalf of Family Dollar Stores, of Charlotte, North Carolina.

The submitted sample, designated style number 98518, is a women’s track suit consisting of a jacket and a pair of trousers manufactured from a 100% nylon woven fabric said to have been treated with an application of a rubber or plastics material sufficient to convey the quality of water resistance.

The jacket features a partial frontal opening secured by a fine-toothed plastic zipper which extends to the top of a stand-up collar, long sleeves with elasticized cuffs, two side insert pockets below the waist, and a straight, hemmed bottom through which is threaded a tunnel drawstring.

The trousers feature an elasticized waistband through which is threaded a tunnel drawstring, two side seam insert pockets, elasticized cuffs, and leg vents extending seven inches in length, each secured by a fine-toothed plastic zipper.

If the jacket passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under subheading 6202.93.4500, which provides for other women’s or girls’ water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the jacket does not pass the water resistance test, the garment would be classifiable under HTS subheading 6202.93.5011, which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 28.6%, ad valorem.

If the trousers pass the water resistance test, the garment would be classifiable under HTS subheading 6204.63.3000, which provides for other women’s or girls’ water resistant trousers or breeches, of synthetic fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the trousers do not pass the water resistance test, the garment would be classifiable under HTS subheading 6204.63.3510, which provides for other women’s trousers and breeches, of synthetic fibers. The applicable rate of duty would be 29.5%, ad valorem.

In either case, the jacket would fall under textile category designation 635, and the trousers would fall under textile category designation 648. Based on international textile trade agreements, products of Indonesia are subject to quota and the requirement of a visa.

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.

Sincerely,

John M. Regan
Service Port Director

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