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NY H86594




June 10, 2002

CLA-2-61:RR:NC:TA:357 H86594

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6201.93.2020

Ms. Julie Gimm
BDP International, Inc.
2721 Walker Ave., NW
Grand Rapids, MI 49504

RE: The tariff classification of a hunting jacket and vest from Taiwan

Dear Ms. Gimm:

In your letter dated December 21, 2001, on behalf of Meijer Distribution, you requested a classification ruling. Samples were submitted and are being returned as you requested. We regret the delay in responding, which was due to laboratory analysis.

Style 0632BU is a thigh length hunting jacket with a shell made from a brushed knit polyester fabric printed with a mossy forest camouflage design. The back of the shell fabric has a heavy waterproof coating. The jacket has a full front opening with a zip-through collar; a two way front zipper covered by a seven-snap storm flap; double entry patch pockets at the waist; inner and outer chest pockets; an elasticized drawcord at the waist; a detachable hood with an elasticized drawcord; and a removable liner with a batting insulation with buttons and snaps to attach it to the jacket. The liner is not of a type that would normally be worn separately.

Laboratory analysis was performed on the shell fabric of style 0632BU and swatches of fabric you submitted that were purported to represent the shell fabric at various stages of production. The Customs laboratory concluded that the latter swatches were not of the same construction as the fabric from the garment. Therefore, the classification in this ruling with respect to style 0632BU is limited to when it is constructed of the same fabric as the finished sample garment.

According to our laboratory the shell fabric from style 0632BU is not of pile construction.

Style 0127RB is a reversible hunting vest with one shell made from a woven 100% cotton canvas fabric and the other made from a woven 100% polyester fabric. The cotton side is printed with a mossy forest camouflage design. The polyester side is a blaze orange color. The garment has slant pockets at the waist on both sides, a partially elasticized waistband and a rib knit collar, and it is insulated with a nonwoven polyester batting.

The applicable subheading for style 0632BU will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ coats and jackets, other than of cotton made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.2 percent ad valorem.

In accordance with General Rule of Interpretation (GRI) 3, garments which cannot be classified by reference to GRI 3(a) or 3(b) are to be classified based on GRI 3(c) in the heading which occurs last in the tariff, among those which equally merit consideration. The applicable subheading for style 0127RB will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ padded, sleeveless jackets of man-made fibers. The duty rate will be 15.3 percent ad valorem.

Styles 0632BU and 0127RB fall within textile category designations 634 and 659, respectively. Based upon international textile trade agreements products of Taiwan 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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