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NY F85318




April 21, 2000

CLA-2-62:A:P: G34 F85318

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5021; 6202.93.4500

Tina M. Beegle
Charles M. Schayer & Co.
15210 32nd Avenue South
Suite D
Seattle, WA 98188

RE: The tariff classification of a child’s pullover jacket from Sri Lanka

Dear Ms. Beegle:

In your letter dated March 28, 2000 you requested a tariff classification ruling on behalf of Cabela’s Inc.

The submitted sample is a child’s pullover jacket. The label on the garment indicates the outer shell is made of 100 percent nylon fabric with a polyurethane coating. The body of the jacket is lined with 65 percent polyester and 35 percent cotton knit fabric and the sleeves are lined with 100 percent nylon fabric. The garment features a v-neck with rib knit binding, long sleeves with rib knit cuffs, two side pockets, and a rib knit waistband. The jacket will be imported in unisex sizes S (6/8), M (10/12), L (14/16), and XL (18/20).

If the jacket is worn by both males and females and cannot be identified exclusively as a boy’s garment, then the applicable classification for the garment will be in the HTS subheading covering a girl’s garment. The applicable subheading for the child’s unisex jacket will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girl’s overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: othergirls’. The rate of duty will be 28.4 percent ad valorem.

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 6202.93.4500, which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.3 percent ad valorem.

The sample will be returned to you as requested.

The jacket falls within textile category designation 635. Based upon international textile trade agreements, products from Sri Lanka are subject to quota 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.

Sincerely,

Anita Terry-McDonald
Port Director

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