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NY G80227




August 11, 2000

CLA-2-62:RR:NC:TA:357 G80227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6101.30.2010

Ms. Sheri G. Lawson
PBB USA Inc.
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of men’s outerwear jackets from Myanmar

Dear Ms. Lawson:

In your letter dated July 25, 2000, on behalf of Ash City division, GH Imported Merchandise & Sales Ltd., in Canada, you requested a classification ruling. Samples were submitted and are being returned as you requested.

All of the items are described as “3-in-1” jackets. They consist of an outer jacket made from woven nylon fabric that has been coated on its inner surface with a visible polyurethane plastic and of a removable fleece liner which may be worn with the outer jacket or alone. Each liner is classified as a separate garment from the outer jacket.

Each outer jacket is virtually the same with minor variations. Styles AC-1, 88006; AC-2, 88007; AC-3, 88008; and AC-4, 88009 are upper-thigh in length. Each has long sleeves with partially elasticized cuffs with a VELCRO-type adjustment tab, a full-front opening with a zipper closure that extends to the top of the collar and is covered by a storm flap and a removable hood. Styles AC-1, 88006 and AC-2, 88007 have an elasticized drawstring at the waist and another through the bottom hem; style AC-3, 88008 has an elasticized drawstring through the bottom hem; and style AC-4, 8800 has a fully elasticized bottom with no drawstrings. Each jacket is lined in the upper body with a mesh fabric and in the lower body with a plain weave fabric.

Each liner/inner jacket has a shell made from a 100% polyester finely knit fabric napped on both sides and a 190T woven nylon lining. These garments all feature a drawstring bottom, elastic at the cuffs, slant zippered pockets at the waist, an inner storage pocket on the left side and a full-front opening with a zipper that extends to the top of the collar. The zipper halves of the front closure are also used to attach the liner/inner jacket to the outer jacket.

The applicable subheading for the outer jackets of each style will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, made up of fabrics of heading 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the inner jackets of each style will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s overcoats, carcoats, capes, cloaks anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, of man-made fibers. The duty rate will be 28.9 percent ad valorem.

Each outer and inner jacket falls within textile category designation 634. Based upon international textile trade agreements products of Myanmar are not currently 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. 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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