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June 16, 1999

CLA-2-62:RR:NC:WA:357 E82485

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020; 6211.33.0054

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

RE: The tariff classification of a man’s vest and two men’s jackets 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 B50, “Moab Jacket”, is a man’s jacket constructed of a shell composed of a woven 100% polyester fabric. The jacket is lined with a mesh 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 jacket has a stand-up collar with a drawcord tightening and a full front opening secured by a double pull zipper closure. An overlapping flap with six snaps covers the zipper area. The jacket has two front pockets located at the waist which are secured by zipper closures and a large pocket with a zipper closure on the lower portion of the back panel. An overlay strip of fabric covers each pocket. The overlay strip of fabric on the rear pocket is edged with reflective binding. The garment’s sleeve cuffs have a tab with a “VELCRO”-type fastener, are partially elasticized and feature a strip of reflective binding fabric. There is a drawcord tightening through the bottom hem. A plastic label with the “Gill” tradename is on the left chest and on the back yoke.

Style B13, “Fireroad Jacket”, is a man’s 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 mesh polyester fabric.

The jacket has a stand-up collar and a full front opening secured by a double pull zipper closure. An overlapping flap with six snaps covers the zipper area. The garment has a left chest pocket which is secured by a zipper closure. An overlay strip of fabric covers the chest pocket. The garment’s sleeve cuffs have a tab with a “VELCRO”-type fastener, are partially elasticized and feature a strip of reflective binding fabric. The garment has a drawcord tightening through the bottom hem. A label with the “Gill” tradename is on the left chest, on the lower portion of the left front panel and on the back yoke.

Style number B55, “Dual Gilet”, is a man’s vest constructed of a shell composed of a woven 100% polyester fabric. The vest is lined with a mesh 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. Because there is no provision in the tariff for water resistant vests of man-made fibers, this item will be classified without regard to the Teflon coating.

The vest has a stand-up collar and is sleeveless with oversized armholes. The garment features a full front opening secured by a zipper closure that extends to the top of the garment’s collar. The garment has two front pockets at the waist which are secured by zipper closures. An overlay strip of fabric covers the pockets. There is a drawcord tightening through the bottom hem. A plastic label with the “Gill” tradename is featured on the left chest and on the back yoke.

The samples are being returned to you.

If style number B50 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 B50 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 B13 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 B55 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers, vests: other. The duty rate will be 16.5 percent ad valorem.

Style numbers B13 and B50 fall within textile category designation 634. Style number B55 falls within textile category designation 659. 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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