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June 10, 1999

CLA-2-62:RR:NC:WA:357 E82109

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510; 6211.33.0054; 4202.92.9026

Ms. Rebecca T. Watkins
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: The tariff classification of a man’s vest, a man’s jacket, a woman’s jacket, a woman’s pair of trousers and a carrying case from China

Dear Ms. Watkins:

In your letter dated May 10, 1999, on behalf of ProTrade Import Export Co., you requested a classification ruling.

Five samples were submitted as follows: Style number 1700, “Odyssey Vest, is a man’s vest constructed of a woven 100% polyester fabric. The vest is lined with a mesh fabric. In a phone conversation you indicated that the vest has a Teflon coating and that the same vest will also be imported in women's sizes under another style number.

The vest has a stand-up collar, is sleeveless with oversized armholes and has a full front opening which is secured by a zipper closure that extends to the top of the garment’s collar. The vest has a zippered pocket on the left chest, a zippered pocket on the lower portion of the back panel and a drawcord tightening through the bottom hem. The logo “Sporthill” is embroidered onto the right chest.

Style number 1030, “Apex Jacket”, is a man’s jacket constructed of a woven 100% polyester fabric. In a phone conversation you indicated that the jacket has a Teflon coating and that the same jacket will also be imported in women’s sizes under another style number. The jacket has 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 garment has a zippered pocket on the left chest, a zippered pocket on the lower portion of the back panel, long sleeves with an elasticized band on the sleeve cuffs and a drawcord tightening through the bottom hem. The “XC Sporthill” logo is featured on the right chest and on the rear portion of the collar and on the back panel.

Style number 1020, “Odyssey Jacket”, is a woman’s jacket constructed of a woven 100% polyester jacket. The garment has a mesh lining. In a phone conversation you indicated that the jacket has a Teflon coating and that the same jacket will also be imported in men’s sizes under another style number. The jacket has a stand-up collar, a detachable hood and a full front opening secured by a zipper closure that extends to the top of the garment’s collar. The jacket has free-hanging front and back yokes, two zippered handwarmer pockets located above the waist, an inner drawcord tightening at the waist and long sleeves with elasticized sleeve cuffs. The “Shorthill” logo is featured on the right chest and on the rear yoke.

Style number 1040, “Odyssey Pant”, is a woman’s pair of trousers constructed of a woven 100% polyester fabric. In a phone conversation you indicated that the garment has a Teflon coating and that the same trousers will also be imported in men's sizes under another style number. The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. The trousers have articulated knees and a side seam zipper opening at the lower portion of each trouser leg.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The fifth item submitted is a carrying case that is shaped and fitted to contain a ladies’ curling iron. In a phone conversation you indicated that the carrying case is constructed of a 60% polyester/40% cotton fabric. The carrying case has a heat resistant liner and measures approximately 13-1/2 inches in width and 7-inches in height. There is an opening at the top that is secured by a flap with a “VELCRO”-type fastener.

The samples are being returned to you.
The applicable subheading for style number 1700 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garment’s, men’s or boys’: of man-made fibers, vests: other. The duty rate will be 16.5 percent ad valorem.

If style number 1030 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 style number 1030 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.

If style number 1020 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 6202.93.4500, which provides for other women’s anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style number 1020 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women’s anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

If style number 1040 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 trousers will be 6204.63.3000, which provides for other women’s or girls’ water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If style number 1040 does not pass the water resistance test, then the applicable HTS subheading for the trousers will be 6204.63.3510, which provides for other women’s trousers and breeches: of synthetic fibers. The duty rate will be 29.5 percent ad valorem. The applicable subheading for the carrying case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for other: cases with outer surface of sheeting of plastic or of textile materials: Other: other: of man-made fibers. The duty rate will be 18.8 percent ad valorem.

Style number 1700 falls within textile category designation 659. Style number 1030 falls within textile category designation 634. Style number 1020 falls within textile category designation 635. Style number 1040 falls within textile category designation 648. The carrying case falls within category designation 670. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

Although you requested a ruling for other men’s and other woman’s similar garments, we are unable to issue a ruling for them without the submission of samples. The items in a single ruling request should contain no more than 5 items of the same class or kind.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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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See also:

• Tariff No.: 4202.92.90 - Bags, cases and similar containers nesi, with outer surface of plastic sheeting or of textile materials, excl. cotton
• Tariff No.: 6201.93.30 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6201.93.35 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6202.93.45 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6202.93.50 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of man-made fibers, nesoi
• Tariff No.: 6204.63.30 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6204.63.35 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6211.33.00 - Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers