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NY H80775




June 18, 2001

CLA-2-62:RR:NC:WA:357 H80775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Javed Khan
217 E 22nd Street #37
Columbus, NE 68601

RE: The tariff classification of a man’s double jacket set from China

Dear Mr. Khan:

In your letter dated May 15, 2001, you requested a classification ruling.

The sample submitted, style BB, “Efendi”, is a man’s two-piece set. The two-piece set consists of an upper thigh-length outer jacket and an upper thigh-length inner jacket that can be zippered together 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 be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% nylon fabric. In a phone conversation you indicated that the garment has a polyurethane coating for water resistance. The garment is lined in the upper body with a mesh fabric and in the lower body and sleeves with a woven fabric. The garment also has an additional “storm skirt” with elastic tightening on the inner lining that is secured around the lower portion of the body.

The jacket has an integral hood with a drawcord tightening, a stand-up collar, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner garment. The garment’s hood can be rolled up and secured within the collar by a snap closure. An overlapping flap with six snaps covers the front zipper area. The jacket has two zippered handwarmer pockets above the waist that are covered by an overlay of fabric; a zippered inner pocket along the front placket; an inner drawcord tightening at the waist; two front pockets with zipper closures below the waist; long sleeves with elastic and a tab with a hook and loop fastener on the cuffs; and a drawcord tightening through the bottom hem. A textile locker loop on the inner portion of the collar and a textile tab with a snap closure on the inner portion of each sleeve cuff are used for attaching the inner garment.

The inner jacket is constructed of a shell that is composed of a woven 100% nylon fabric. In a phone conversation you indicated that the garment has a polyurethane coating for water resistance. The garment is lined in the upper body with a knit fleece fabric. The garment is lined in the lower body and sleeves with a woven fabric and has a nonwoven batting fill. The jacket has a stand-up collar and a full front opening that is secured by a reversible zipper closure that extends to the top of the garment’s collar. The garment features two front zippered pockets below the waist, long sleeves with elasticized cuffs, a free-hanging rear yoke and a drawcord tightening through the bottom hem. A textile tab with a snap closure on the rear portion of the collar and a textile loop on the outer portion of each cuff are used to attach the garment to the outer jacket.

The coating on each jacket is not visible, therefore HTS 6210 does not apply.

The sample is being returned to you.

Each jacket is 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 each 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 each jacket does not pass the water resistance test, then the applicable HTS subheading for each 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 China 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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