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 > 2000 NY Rulings > NY F81845 - NY F81889 > NY F81858

Previous Ruling Next Ruling
NY F81858





February 2, 2000

CLA-2-62:RR:NC:WA:357 F81858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.1500; 6201.92.2010

Ms. Dana L. Bounds
Fritz Companies, inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a man's reversible padded sleeveless jacket from Hong Kong

Dear Ms. Bounds:

In your letter dated January 17, 2000, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number M80090, is a man's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a brushed pile knit 100% polyester fleece fabric. The other side is constructed of a woven 70% cotton/30% nylon fabric that has a polyurethane coating.

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

The padded sleeveless jacket has a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the garment's collar, oversized armholes and a drawcord tightening through the bottom hem. The garment has two front zippered pockets both on the knit side and on the woven side.

The sample is being returned to you as you have requested.

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the knit 100% polyester fabric nor the woven 70% cotton/30% nylon fabric provides the essential character. Therefore, classification will be as woven based on the above.

If the padded sleeveless 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 6201.92.1500, which provides for other men's anoraks, windbreakers and similar articles (including padded sleeveless jackets): of cotton, water resistant. The duty rate will be 6.4 percent ad valorem.

If the padded sleeveless jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2010, which provides for other men's anoraks, windbreakers and similar articles (including padded, sleeveless jackets): of cotton: other, other. The duty rate will be 9.6 percent ad valorem.

We note that the padded sleeveless jacket is not marked with the country of origin and fiber content. 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 rulings.

If the padded sleeveless jacket passes the water resistance test the garment then falls within textile category designation 334. If the padded sleeveless jacket does not pass the water resistance test the garment then falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong 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.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,

Previous Ruling Next Ruling

See also: