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NY H87370




February 28, 2002

CLA-2-62:RR:NC:TA:357 H87370

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054; 6202.93.4500; 6202.93.5011; 6110.30.3030; 6110.30.3050

Mr. Peter Mento
Expeditors Tradewin, LLC
1015 Third Ave.
Seattle, WA 98104

RE: The tariff classification of reflective garments from Hong Kong

Dear Mr. Mento:

In your letter dated January 24, 2002, on behalf of Reflec USA, you requested a classification ruling. Samples and descriptive materials were submitted. The samples are being returned as you requested.

All of the items submitted are made from polyester fabrics that have been treated to provide reflectivity from light sources. According to your letter this treatment is a reflective coating made up of metalized microscopic glass beads that become parabolic mirrors and provide “light-source bounce-back.” This beaded configuration is known as sataLITE DISH®. The treated fabric is known as illumiNITE®. The garments are intended for use by outdoor runners

Two of the garments are woven and have a fluorochemical water repellant Teflon coating; the others are of knit pile construction.

The first item, style MV1, is a men’s outerwear vest with two front panels, a back panel and a back yoke made of woven polyester. It has small side panels of mesh fabric, a full front opening with a zipper extending to the top of the stand-up collar, zippered pockets at the waist, an elasticized drawstring at the bottom hem and a fleece lining in the collar.

Style WJ1 is a women’s jacket. It has long sleeves with elastic tightening and a hook-and-loop adjustment tab, a full front opening with a zipper extending to the top of the stand-up collar, zippered pockets at the waist, an elasticized drawstring at the bottom hem, a partial mesh lining, a free-hanging back yoke and a fleece lining in the collar. This item has two front and two back panels along the side seams, along with a portion of each sleeve that appear to be made of fabric without the reflective treatment.

Style MFV1 is a men’s vest constructed from 100% polyester, finely knit pile fabric that is napped on the inside surface. Style MV1 is sleeveless and has a self-fabric stand-up collar; a full front opening with a zipper closure; two zippered pockets below the waist; and a straight bottom with a drawcord and cord lock.

Style MF1 is a men’s pullover garment constructed from 100% polyester, finely knit pile fabric that is napped on the inside surface. Style MF1 has a self-fabric stand-up collar; a partial front opening with a zipper closure; long sleeves with elasticized capping; a kangaroo pocket below the waist; side seam and undersleeve inserts of double faced pile fabric; and elasticized capping at the bottom.

In your letter you suggested classification of these items under the provisions for visibly coated garments in HTS headings 6210 and 6113, citing rulings that you describe as involving similar merchandise. Classification under these headings is dependent on the garments being constructed of qualifying fabrics. The samples of woven construction are not visibly coated; therefore, HTS 6210 is not applicable to these items. The knit garments are excluded from HTS 6113 because they are of knit pile construction.

The applicable subheading for style MV1 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments, of man-made fibers, vests. The duty rate will be 16.2 percent ad valorem

Style WJ1 may be eligible for classification as water resistant. Teflon finish has been found to meet the tariff requirements for water resistance described in HTS Chapter 62 Additional U.S Note 2. If the secondary fabric used in this garment has a qualifying water resistant treatment and this garment passes the water resistance test, the applicable subheading for style WJ1 will be 6202.93.4500, HTS, which provides for other women’s or girls’ anoraks, windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If style WJ1 does not meet the requirements for water resistance, then the applicable subheading for this garment will be 6202.93.5011, HTS, which provides for other women’s anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.1 percent ad valorem.

The applicable subheading for style MFV1 will be 6110.30.3030, HTS, which provides for vests, other than sweater vests, men’s or boys’, of man-made fibers, knitted or crocheted. The duty rate will be 32.4 percent ad valorem.

The applicable subheading for style MF1 will be 6110.30.3050, HTS, which provides for other men’s or boys’ garments, of man-made fibers, knitted or crocheted. The duty rate will be 32.4 percent ad valorem.

Styles MV1 and MFV1 fall within textile category designation 659; style WJ1 falls within category 635; style MF1 falls within category 638. Based upon international textile trade agreements products of Hong Kong 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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