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 > 1999 NY Rulings > NY E80438 - NY E80483 > NY E80449

Previous Ruling Next Ruling


May 5, 1999

CLA-2-62:RR:NC:WA:357 E80449

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6201.92.2051

Mr. Mike McKenna
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of two men’s jackets from China, Hong Kong, Taiwan, Sri Lanka, Korea, the Philippines and Indonesia

Dear Mr. McKenna:

In your letter dated April 13, 1999, on behalf of Hartwell Sports, you requested a classification ruling.

Two samples were submitted as follows: Style number 2260 is a man’s hip-length reversible jacket. One side of the jacket is constructed of a woven 100% nylon fabric which has a 600mm polyurethane coating. The other side is constructed of a woven 210T 100% nylon fabric which also has a polyurethane coating.

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

The jacket has a pointed collar and a full front opening secured by a reversible zipper pull closure which extends to the top of the garment’s collar. There is a textile tab attached to the garment’s zipper pull which features the “Hartwell” logo. The garment’s sleeve cuffs and waistband are elasticized. The nylon shell side features free hanging front and back yokes which cover a mesh lining, a self-fabric locker loop on the back yoke and two front welt pockets at the waist. The 210T nylon shell side has a self-fabric locker loop on the back yoke and two zippered front pockets at the waist.

Style number 5450 is a man’s hip-length jacket constructed of an outershell composed of a woven 70% cotton/30% nylon. The garment is lined in the body with a woven 65% polyester/35% cotton fabric and in the sleeves with a woven 100% nylon fabric. In your letter you indicate that the garment is not coated. The jacket has a pointed collar and a full front opening secured by a zipper closure that extends to the top of the garment’s collar. The outer portion of the garment’s collar, the sleeve cuffs and the waistband are composed of a ribbed-knit fabric. The jacket has two front welt pockets which are secured by zipper pull closures. The zipper pull on the front opening and the zipper pull on each pocket has a self-fabric tab attached to it which features the “Southport” logo.

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

For style number 2260 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.

For style number 2260 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 applicable subheading for style number 5450 will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles, of cotton. The duty rate will be 9.7 percent ad valorem.

Please note that the Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue ruling.

Style number 2260 falls within textile category designation 634. Style number 5450 falls within textile category designation 334. Based upon international textile trade agreements products of Hong Kong, Taiwan, Sri Lanka, Korea, the Philippines and Indonesia 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,

Previous Ruling Next Ruling

See also: