United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY H88634 - NY H88688 > NY H88659

Previous Ruling Next Ruling
NY H88659




March 14, 2002

CLA-2-62:RR:NC:TA:357 H88659

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030; 6202.13.4005; 6201.93.3000; 6201.93.3511

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd.
Rouses Point, NY 12979

RE: The tariff classification of garments from Korea

Dear Mr. Kavanaugh:

In your letter dated February 8, 2002, on behalf of R. Nicholls Dist., Quebec, Canada, you requested a classification ruling. Samples were submitted and are being returned.

The first item, I2299, Drytex Pants, is a pair of trousers that extend to the ankles. The shell is a woven nylon fabric backed with a lamination of “Drytex,” a breathable, waterproof material. The pants feature an elasticized waistband with an adjustment tab, elasticized cuffs with adjustment tabs and vertical zippers extending approximately nine inches up from the bottom. The pants are lined with a synthetic woven fabric.

The second item, I9015 B/O, Reversible Raincoat, is approximately 47-inches in length and has a full front opening secured by a zipper and covered by a storm flap with five snaps. The coat has slant pockets at the waist and long sleeves without cuffs. One side has reflective overlays on the chest, back and sleeves, while the other is plain. Both sides are made of a woven nylon fabric which is not visibly coated This garment is described in the attached literature as being of unisex sizing.

The third item, I3964, Bomber Jacket, is a hip-length jacket having a woven shell fabric with a water resistant treatment. The jacket has a full front opening secured by a two-way zipper covered by a five-snap storm flap; long sleeves with rib knit cuffs; a rib knit waistband; a pile collar; slant pockets with snaps at the waist and a lining quilted to a Fiberfil insulation.

The fourth item, Lepaz Winter Parka, is a thigh-length jacket having a woven outershell with a 1500 mm polyurethane waterproof coating. The garment has a full front opening secured by a two-way zipper and covered by a storm flap with hook and loop closures; long sleeves with rib knit storm cuffs; slant pockets with flaps at the waist; bellows pockets with flaps in the chest; a standup collar with a hook and loop closure tab; a removable insulated hood with a drawstring; gussetted sleeves and a woven nylon lining quilted to a polyester batting.

The applicable subheading for item I2299 Drytex Pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ trousers, breeches and shorts, made up of fabric of heading 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for item I9015B/O will be 6202.13.4005, HTS, which provides for women’s raincoats of man-made fibers. The duty rate will be 28.1 percent ad valorem.

Items I3964 Bomber Jacket and Lepaz are eligible for classification as water resistant. If the jackets meet the requirements for water resistance specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments 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 jackets do not meet the requirements for water resistance, then the applicable HTS subheading for the garments 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 28.1 percent ad valorem.

Item I2299 falls within textile category designation 647; item I9015B/O falls within textile category designation 635; items I3964 and Lepaz fall within textile category designation 634. Based upon international textile trade agreements products of Korea 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,

Previous Ruling Next Ruling

See also: