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NY G80063




August 21, 2000

CLA-2-62:RR:NC:WA:357 G80063

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

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

RE: The tariff classification of a man's double jacket set from the Philippines

Dear Ms Bounds:

In your letter dated July 24, 2000, on behalf of American Camper, you requested a classification ruling.

The sample submitted, style number 17400, "4-in 1 Systems Parka", is a man's double jacket set. The two piece set consists of a thigh-length outer jacket and a hip-length inner jacket that can be zippered along the front edges and snapped together at the nape of the neck and at the wrists so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will classified as a separate garment.

In a phone conversation you indicated that the outer jacket of style 17400 is constructed of a shell that is composed of a woven 100% polyester fabric which has a polyurethane coating. The jacket is lined with a woven 100% nylon fabric.

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

The jacket has a detachable hood with a drawcord tightening and a "VELCRO"-type fastener at the chin. The hood is held to the jacket by three snaps. The jacket has a stand-up collar and a full front opening that is secured by a double pull zipper closure that extends to the top of the garment's collar. An overlapping flap with seven snaps covers the zipper area. The jacket also has two zippered handwarmer pockets above the waist, two zippered inner pockets, an inner drawcord tightening at the waist, two front double entry bellows pockets that are secured by flaps with a "VELCRO"-type fastener below the waist, long sleeves secured by a tab with a "VELCRO"-type fastener on the cuffs and a straight cut bottom hem. A self-fabric tab with a snap closure on the inner portion of the collar and a self-fabric tab with a snap closure on the inner portion of each sleeve cuff are used for attaching the inner garment. A textile label on the left front pocket features the "Remington" logo.

The inner jacket of style 17400 is reversible. In a phone conversation you indicated that one side of the jacket is constructed of a shell that is composed of a woven 100% polyester fabric which has a polyurethane coating. The other side is constructed of a woven 100% nylon fabric. The garment has a nonwoven batting fill.

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 and a full front opening that is secured by a reversible zipper pull closure that extends to the top of the garment's collar. The garment has long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The polyester fabric side of the jacket has two front slash pockets at the waist, an elastic loop on the rear portion of the collar and an elastic loop on each sleeve cuff. The elastic loops are used to attach the garment to the outer jacket. A textile label with the "Remington" logo is on the left pocket. The nylon fabric side of the garment has two front slash pockets at the waist. A textile label with the "Remington" logo is on the left pocket.

The samples are being returned to you as you have requested.

Both jackets of style 17400 are eligible for classification as water resistant. If each 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 garments 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 7.3 percent ad valorem.

If each jacket does not pass the water resistance test, then the applicable HTS subheading for the garments 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 28.4 percent ad valorem.

We note that the inner reversible jacket of style 17400 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.

Each jacket of style number 17400 falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines 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,

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