United States International Trade Commision Rulings And Harmonized Tariff Schedule
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March 10, 1999

CLA-2-62:RR:NC:WA:357 D87892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Kirsten Boatwright
Fritz Companies, Inc.
558 Rundle Avenue, Suite B-5
Nashville, TN 37210

RE: The tariff classification of a man’s jacket from Sri Lanka, China, Hong Kong, Indonesia, the Philippines and Korea

Dear Ms. Boatwright:

In your letter dated February 12, 1999, on behalf of Kellwood Company, Sportswear Division, you requested a classification ruling.

The sample submitted, style number SL-OU-13, is a man’s upper thigh-length jacket. In a phone conversation and in a fax submitted it was stated that the jacket is constructed of an outershell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester fabric on the inner surface which are bonded together by a 450mm polyurethane coating in between. It was further stated that the shell fabric also has a durable water repellant fluoro-chemical resin finish. The garment is lined in the body with a knit 100% polyester fleece fabric and in the sleeves with a woven 52% cotton/48% acetate fabric.

The plastic is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has an integral hood, a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the garment’s collar. The hood can be rolled up and concealed within the garment’s collar by a zipper closure. An overlapping flap with four “VELCRO”-type fasteners covers the zipper area. The garment has two vertical zippered front pockets at the waist which are covered by a strip of fabric, two zippered inner pockets, a drawcord tightening through the bottom hem and a snap closure on the sleeve cuffs.

The sample is being returned to you as you have requested. If the jacket passes 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 garment 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 the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment 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 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Sri Lanka, China, Hong Kong, Indonesia, the Philippines and Korea are presently subject to quota restraints 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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