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NY H84278




August 23, 2001

CLA-2-62:RR:NC:TA:357 H84278

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6101.30.2010; 6113.00.9084; 3926.20.9050

Ms. Jackie Udden
Udden Inc.
250 Mercer St. #D1103
New York, NY 10012

RE: The tariff classification of men’s garments from India

Dear Ms. Udden:

In your letter dated June 26, 2001 (received July 25), you requested a classification ruling. Photos and swatches were submitted with your letter. Samples were previously reviewed by this office.

The first item, style 21310, is a men’s jacket made from a woven fabric blend of polyamide and cotton fibers with a water resistant polyurethane coating. The jacket has a full front zipper opening, long sleeves with adjustable snaps, pockets at the waist and in the right chest area and a light weight batting of nonwoven fabric.

The second item, style 21360, is a men’s jacket constructed of a sherpa knit pile lamination. The outer fabric of the lamination is a woven, brushed imitation suede that has been bonded with a foamed plastic or rubber to a knit pile imitation fleece. The garment has a full front zippered opening, long sleeves, a zippered pocket in the left chest, slant pockets at the waist, a self-fabric hood and a straight bottom.

The third item, style 23311, is a men’s long-sleeved garment with a full front zippered opening and a pocket in the left chest. It is made from two flat knit synthetic fabrics bonded with a center layer of foamed plastic or rubber that is visible in cross-section.

The fourth item, style 23322, is also a men’s garment constructed of two flat knit synthetic fabrics bonded with a center layer of foamed plastic or rubber that is visible in cross-section. The garment has long sleeves with no tightening, a self-fabric hood and a full front opening with a zipper closure.

The fifth item, style 21300, is a men’s jacket made from plastic sheeting that is 95% PVC/5% polyurethane. It has a full front covered opening, a stand-up collar, long sleeves with no tightening and a straight bottom.

Style 21310 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.

The applicable subheading for style 21360 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s knitted overcoats, carcoats, capes, cloaks, anoraks and similar articles, of man-made fibers. The duty rate will be 28.7 percent ad valorem.

The applicable subheading for style 23311 and 23322 will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s and boys’ garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style 21300 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic, articles of apparel and clothing accessories, other. The duty rate will be 5 percent ad valorem.

Styles 21310 and 21360 fall within textile category designation 634. Styles 23311 and 23322 fall within textile category designation 659. Based upon international textile trade agreements products of India 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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