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NY G88235




July 12, 2001

CLA-2-61:RR:NC:TA:N3:356 G88235

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6103.43.1520; 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Kevin Egan
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

In a letter dated March 5, 2001, you requested a tariff classification ruling on behalf of Robinson Laboratories. Your samples will be returned, as requested.

Style “BugLite” consists of a men’s knit jacket and pair of pants. The jacket and pants are constructed with an outer shell of 50 percent polyester, 50 percent cotton, warp knit mesh fabric that is printed in a camouflage pattern. The garments are fully lined with 100 percent polyester, laminated “ScentBlocker Plus” fabric that contains activated carbon. The “BugLite” jacket has a full front opening with a zipper closure; a hood with a double drawstring; a snap-on “breath shield” face mask; long, raglan sleeves with tunnel elastic cuffs; two slant pockets with hook and loop closures; a rear hanger loop; an embroidered logo on the left chest; and a tunnel elastic bottom. The “BugLite” pants have a tunnel elastic waistband with belt loops; an inside drawcord with a cord lock; a rear patch pocket with a flap and snap closures; sixteen inch long, knee to ankle zippers on the inside leg seams; and tunnel elastic at the ankles.

Style “UltraLite” consists of a men’s knit jacket and pair of pants. The jacket and pants are constructed with an outer shell of 100 percent polyester, finely knit brushed tricot fabric that is printed in a camouflage pattern. The garments are fully lined with 100 percent polyester, laminated “ScentBlocker Plus” fabric that contains activated carbon. The “UltraLite” jacket has a full front opening with a zipper closure and an inside wind flap; a hood with a double drawstring; a snap-on “breath shield” face mask; long, raglan sleeves; tunnel elastic cuffs with a tab and an adjustable hook and loop closure; two cargo pockets on the front with flaps and snap closures; a rear hanger loop; an embroidered logo on the left chest; and a tunnel elastic bottom. The “UltraLite” pants have a tunnel elastic waistband with belt loops; a rear patch pocket with a flap and snap closures; cargo pockets on each leg with a flap and snap closures; sixteen inch long, knee to ankle zippers on the inside leg seams; and tunnel elastic at the ankles.

Style “FeatherLite” consists of a men’s jacket and pair of pants that are constructed with an outer shell of both knit and woven fabrics. Both fabrics are 100 percent polyester and are printed in a camouflage pattern. The jacket has knit fabric inserts on the underside of the sleeves, the front side panels and the rear side panels. The remainder of the garment is of woven fabric. The pants are of woven fabric with side insert panels of knit construction. The garments have a full lining of 100 percent polyester, laminated “ScentBlocker Plus” fabric that contains activated carbon and a full interlining consisting of a plastic film bonded to a knit fabric.

The “FeatherLite” jacket has a full front opening with a zipper closure and an inside wind flap; a hood with a double drawstring; a zip-on “face shield”; long, set-in sleeves; tunnel elastic cuffs with a tab and adjustable hook and loop closure; three adjustable plastic buckles on each sleeve; a zippered pocket with a flap on the left sleeve; two zippered pockets with flaps on the front; a rear pouch pocket with a zipper closure; and a tunnel elastic bottom. The “FeatherLite” pants have a tunnel elastic waistband with belt loops; a rear patch pocket with a flap and a zipper closure; cargo pockets on each leg with a flap and snap closures; sixteen inch long, knee to ankle zippers on the inside leg seams; and tunnel elastic at the ankles.

The “ScentBlocker Plus” lining is used to eliminate human scent when hunting. Although the “ScentBlocker Plus” lining is a useful feature of these garments, it is Customs’ position that the outer shell creates the garment and imparts the essential character to the garment.

Consequently, the applicable subheading for the “BugLite” jacket and the “UltraLite” jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted: other than those of heading 6103: of man-made fibers: other: other: men’s. The rate of duty is 28.7 percent ad valorem.

The applicable subheading for the “BugLite” pants and the “UltraLite” pants will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for: men’s or boys’... trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: other: trousers and breeches: men’s. The rate of duty is 28.7 percent ad valorem.

At the time of entry, Customs may verify the actual fiber content of the “BugLite” jacket and pants. If the fabric varies from the weight breakdown indicated in your letter, the HTS classification may differ from the information indicated above.

Approximately 55 percent of the outside surface area of the “FeatherLite” jacket is of woven fabric and approximately 72 percent of the outside surface area of the “FeatherLite” pants is of woven fabric. The essential character of the jacket and the pants is imparted by the woven fabric.

The “FeatherLite” jacket and pants are 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.

If the pants pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.2 percent ad valorem.

If the pants do not pass the water resistance test, then the applicable HTS subheading will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 28.4 percent ad valorem.

The jackets of Styles “BugLite”, “UltraLite” and “FeatherLite” fall within textile category designation 634. The pants of Styles “BugLite”, “UltraLite” and “FeatherLite” fall within textile category designation 647. Based upon international textile trade agreements, products of Taiwan and the Philippines are subject to visa requirements and quota restraints.

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 this ruling letter or the control number listed above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Specialist Division

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