NY H86028 - The tariff classification of a man’s jacket from Taiwan, China, Hong Kong Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar, Malaysia, Ethiopia, Vietnam - United States International Trade Commision Rulings

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NY H86028

December 14, 2001

CLA-2-62:RR:NC:WA:357 H86028

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s jacket from Taiwan, China, Hong Kong Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar, Malaysia, Ethiopia, Vietnam

Dear Ms. Smith:

In your letter dated December 4, 2001, you requested a classification ruling.

The sample submitted, style number 1470, “Mens Rain Slicker”, is a man’s hip-length windbreaker-type jacket. The jacket is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating. The garment is lined in the hood and in the upper rear portion of the body with a mesh 100% polyester fabric.

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

The jacket has an integral hood that is secured by an elasticized drawcord tightening with a plastic cord stopper and a full front opening with a zipper closure. The garment also features two front pockets with zipper closures below the waist, two reflective strips along the length of each front panel, long hemmed sleeves with a reflective strip at the wrists secured by an elastic drawcord tightening with a plastic cord stopper, a free-hanging back yoke with a plastic cord stop in the center and a reflective strip along its bottom edge and a straight cut bottom hem.

The sample is being returned to you as you have requested.

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 General duty rate will be 7.2 percent ad valorem. The duty rate will remain the same in 2002. Vietnam is subject to the column 2 rate of duty of 65 percent ad valorem. The column 2 duty rate will remain the same in 2002.

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 General duty rate will be 28.2 percent ad valorem. Effective January 1, 2002, the General duty rate will be 28.1 percent ad valorem. Vietnam is subject to the column 2 rate of duty of 90 percent valorem. The column 2 duty rate will remain the same in 2002.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea the Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are not presently subject to quota restraints nor 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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