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NY H80874




June 4, 2001

CLA-2-62:RR:NC:WA:357 H80874

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0054

Ms. Susan Stern
CYRK, Inc.
101 Edgewater Drive
Wakefield, MA 01880

RE: The tariff classification of four men’s jackets and a man’s vest from Taiwan, Korea, Hong Kong or Macau

Dear Ms. Stern:

In your letter dated May 3, 2001, on behalf of The Tonkin Group, you requested a classification ruling.

Five samples were submitted as follows: Style number CWRJ-1 is a man’s hip-length jacket constructed of a shell composed of a woven 65% polyester/35% cotton fabric. The jacket is lined with a knit jersey 65% polyester/35% cotton fabric in the body and with a woven 100% nylon taffeta fabric in the sleeves. In a phone conversation you indicated that the garment has a polyurethane coating.

The jacket has a stand-up collar with a drawcord tightening, an additional inner collar, an inner storm flap that extends along the length of the front placket and a full front opening that is secured by a zipper closure. The jacket features free-hanging front and rear yokes, two front pockets with zipper closures at the waist, long sleeves with gussets that are secured by a tab with a button closure on the cuffs and an elasticized waistband.

Style number CWRJ-11 is a man’s hip-length jacket constructed of a shell composed of a woven poplin 65% polyester/35% cotton fabric. In a phone conversation you indicated that the garment has a polyurethane coating. The jacket is fully lined with a knit brushed fleece 100% polyester fabric. The jacket has a stand-up collar, an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar. The hood can be rolled up and stored within the collar by a zipper closure. An overlapping flap with four snaps covers the front zipper area. The jacket also has two front pockets with zipper closures at the waist, long sleeves with elasticized cuffs and an elasticized waistband.

Style number CYR-33 is a man’s hip-length pullover jacket. The jacket is constructed of a shell composed of a woven 100% polyester micro-peached fabric. In a phone conversation you indicated that the garment has a polyurethane coating. The jacket is fully lined with a woven 190T 100% nylon taffeta fabric. The jacket has a cross-over v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, a ribbed-knit fabric waistband and two side seam pockets at the waist.

Style number CPG-97 is a man’s hip-length pullover jacket. The jacket is constructed of a shell composed of a woven 53% rayon/47% polyester fabric. In a phone conversation you indicated that the garment has a polyurethane coating. The jacket is lined with a woven 100% polyester fabric in the body and with a woven 190T 100% nylon fabric in the sleeves. The jacket has a cross-over v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, a ribbed-knit fabric waistband and two side-seam pockets at the waist.

Style number CPG-151B is a man’s hip-length pullover vest. The vest is constructed of a shell composed of a woven 100% polyester fabric. In a phone conversation you indicated that the vest has a polyurethane coating. The vest is fully lined with a woven 190T 100% nylon fabric. The vest has a fold-down pointed collar that is composed on the outer surface of a ribbed-knit fabric and a partial opening at the neck that is secured by a zipper closure. The vest is sleeveless and has oversized armholes. The armholes are surrounded with a ribbed-knit fabric at the edges. The garment also has two front pockets at the waist and a ribbed-knit fabric waistband.

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

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

Style numbers CWRJ-1, CWRJ-11, CYR-33 and CPG-97 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 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.

The applicable subheading for style number CPG-151B will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers: vests: other. The duty rate will be 16.3 percent ad valorem.

Styles CWRJ-1, CWRJ-11, CYR-33 and CPG-97 fall within textile category designation 634. Style CPG-151 falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan, Korea, Hong Kong or Macau 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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