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NY H81528




June 18, 2001

CLA-2-62:RR:NC:WA:357 H81528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.42.4015; 6205.20.2065; 6101.30.2010

Mr. Thomas M. Stanton
Edward M. Jones & Company
P.O. Box 55038
Portland, OR 97238-5038

RE: The tariff classification of three men’s jackets, a man’s shirt and a man’s pair of trousers from China

Dear Mr. Stanton:

In your letter dated May 22, 2001, on behalf of Savier, you requested a classification ruling.

Five samples were submitted as follows: Style number J2, “3 Layer Tech Jacket”, is a man’s upper thigh-length jacket. The jacket is constructed of a shell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester fabric on the inner surface bonded together by a polyurethane resin in between. The garment is unlined.

The jacket has an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure that extends to the chin area. The garment features a left chest pocket that is secured by a zipper closure and a flap with hook and loop fasteners, two zippered front pockets below the waist that are covered by an overlay of fabric, long sleeves with inner storm cuffs that are composed of a ribbed-knit fabric and a drawcord tightening through the bottom hem. The “Savier” tradename is located on the lower portion of the right sleeve, on a textile label hanging from the flap on the chest pocket, on textile tags hanging from the zipper pull closures and on the drawcords on the hood and on the bottom hem.

Style number Z2, “Warm-up Jacket”, is a man’s hip-length jacket that is constructed of a shell composed of a woven 97% polyester/3% spandex fabric which has been brushed on the inner surface. In a phone conversation you indicated that the jacket is not coated for water resistance. The jacket is unlined. The jacket has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the collar. The garment also has a zippered pocket on the left chest, two front slash pockets at the waist, long sleeves with ribbed-knit fabric cuffs and a drawcord tightening through the bottom hem. The “Savier” tradename is featured on a textile strip located across the right chest area and on the drawcord at the bottom hem.

Style number J5, “Windproof Fleece Jacket”, is a man’s jacket constructed from a three layer “sandwich” fabric consisting of an outer layer of 100% polyester finely knit pile fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester, finely knit interlock fabric. The garment has a stand-up collar with a drawcord and two cord locks, a full front opening with a zippered closure, an inside storm flap, a self-fabric outside storm flap with hook and loop closures, long sleeves with adjustable hook and loop tabs at the wrists, a zippered inset chest pocket, two zippered inset pockets below the waist, and a straight, close fitting bottom.

Style Z1, “Cargo Shirt LS”, is a man’s shirt constructed of a woven 100% cotton fabric. The shirt has a fold-down pointed collar, a full front opening that is secured by six left-over-right button closures and two pleated breast pockets that are secured by flaps with hook and loop fasteners. The shirt also features long vented sleeves with a one-button closure on the cuffs and a one-button closure on the vent opening, a pocket on the left sleeve and two side seam vents at the bottom hem. The “Savier” tradename is featured on a textile label sewn onto the left sleeve pocket.

Style number P6, “Work Pant”, is a man’s pair of trousers that are constructed of a woven 70% cotton/30% nylon fabric. The trousers have a left-over-right fly front opening that is secured by a zipper closure and one button on the front portion of the waistband. The waistband also has seven belt loops surrounding the waistband and a tab with two buttons on each side for sizing. The trousers feature two front pockets below the waist, two rear cargo pockets that are secured by flaps with a button and loop closure and a pocket with a side zipper on the right thigh. The “Savier” tradename is featured on each button, on a textile label on the left side seam and on a label on the right rear pocket.

The samples are being returned to you.

Style number J2 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 style number J2 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.

The applicable subheading for style number Z2 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 J5 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers. The duty rate will be 28.7 percent ad valorem.

The applicable subheading for style number Z1 will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s shirts: of cotton. The duty rate will be 20.1 percent ad valorem.

The applicable subheading for style number P6 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s trousers and breeches: of cotton: other. The duty rate will be 16.9 percent ad valorem.

Style numbers J2, Z2 and J5 fall within textile category designation 634. Style number Z1 falls within textile category designation 340. Style number P6 falls within textile category designation 347. 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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