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June 14, 1999

CLA-2-62:RR:NC:WA:357 E82309

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020; 6210.40.5030

Ms. Elissa Travis
AEI Customs Brokerage Services
540 Airport South Parkway
Suite 100
Atlanta, GA 30349

RE: The tariff classification of two men’s jackets and a man’s pair of trousers from China

Dear Ms. Travis:

In your letter dated May 11, 1999, on behalf of Douglas Gill USA, you requested a classification ruling.

Three samples were submitted as follows: Style number B10 “Exodus Jacket”, is a man’s thigh-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The jacket is lined with a polyester mesh fabric in the body and sleeves and has a woven polyester fabric insert at the bottom.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with two snaps and three “VELCRO”-type fasteners covers the zipper area. The hood can be rolled up and concealed within the garment’s collar by three snap closures. The garment has two zippered chest pockets which are covered by an overlay strip of fabric, two front pockets located at the waist which are also covered by an overlay strip of fabric, reflective piping on the lower portion of each sleeve, elastic tightening and a self-fabric tab with a “VELCRO”-type fastener on each sleeve cuff, a free hanging back yoke which is edged with reflective piping, and a drawcord tightening through the bottom hem. The bottom hem is cut straight across and is shorter in the front and is cut round and is longer in the back. The garment has a large zippered pocket secured by a flap closure on the lower portion of the rear panel. The “Gill” logo is featured on the garment’s left chest, on the center portion of the rear yoke, on a textile label sewn onto the left side seam and on the flap closure of the rear pocket.

Style number B16 “Exodus Pants”, is a man’s pair of trousers constructed of a shell composed of a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The trousers have an elasticized waistband with a drawcord tightening. The garment has a side seam zipper opening on the lower portion of each trouser leg. Overlapping flaps that are edged with reflective piping and feature a tab with a “VELCRO”-type fastener at the ankles covers the zipper area.

Style number B20 “Repack Top”, is a man’s pullover jacket constructed of a shell composed of a woven 100% polyester fabric. In a fax you submitted you indicated that the shell fabric has a teflon coating which renders the garment water resistant.

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

The garment has a stand-up collar with a drawcord tightening and a partial front opening which is secured by a double pull zipper closure. An overlapping flap with three snaps covers the zipper area. The garment has two overlay strips of fabric across the front chest, elastic tightening and a self-fabric tab with a “VELCRO”-type fastener on each sleeve cuff and a drawcord tightening through the bottom hem. The jacket features a large pocket on the lower portion of the rear panel. The pocket has a reversible zipper pull closure and is covered by a flap that is edged with reflective piping. On the inner portion of the pocket there is a textile strap with a “VELCRO”-type fastener. When the pocket is inverted the garment can be folded into the pocket and carried by the textile strap. The “Gill” logo is featured on the left chest.

The samples are being returned to you.

The applicable subheading for style number B10 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.

The applicable subheading for style number B16 will be 6210.40.5030, 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 trousers, breeches and shorts.

If style number B20 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 B20 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.

Style numbers B10 and B20 fall within textile category designation 634. Style number B16 falls within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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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