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NY F89623




February 8, 2001

CLA-2-61:RR:NC:TA:357 F89623

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 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 men’s double jacket set from the Philippines

Dear Ms. Bounds:

In your letter dated July 17, 2000, on behalf of American Camper, you requested a classification ruling. A sample was submitted and was destroyed in analysis by the Customs laboratory. We regret the delay in responding, which was due in part to laboratory analysis and in part to the submission of incorrect unbrushed fabric.

The item in question, style 18700, 4-in-1 Systems Parka, is a men’s double jacket set. The outer jacket has a shell made from a brushed knit polyester fabric with a camouflage design print on the outer surface and a visible polyurethane lamination on the inner surface. This jacket has a full-front opening with a zipper extending to the top of the collar; a storm flap; double-entry lower pockets; vertical opening zippered pockets on both sides of the chest; an inner drawstring at the waist; inner, zippered pockets; a brushed knit lining; adjustment tabs at the sleeve ends and a zip-off hood with a chin guard and drawstring. There are tabs with snaps at the neck and sleeve ends, as well as zipper halves parallel to the zipper closure to accommodate attachment of the inner jacket, which may be worn with the outer jacket or alone.

Analysis by the Customs laboratory confirms that the shell fabric of this jacket is not of pile construction.

The inner jacket is reversible. One side is made from an uncoated brushed knit fabric with a camouflage design; the other side is made from a woven nylon fabric with a water resistant polyurethane application, which is not a visible coating for tariff purposes. This jacket has a full-front opening with a reversible zipper that extends to the top of the collar; Thermolite® Plus nonwoven insulation; rib knit cuffs and a rib knit waistband. Both sides of this jacket have slant pockets at the waist.

The applicable subheading for the outer jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ coats and jackets made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.2 percent ad valorem.

The inner jacket is eligible for classification as water resistant. 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 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 7.2 percent ad valorem.

If the jacket 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 28.2 percent ad valorem.

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