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NY H88669





March 13, 2002

CLA-2-62:RR:NC:TA:357 H88669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 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 men’s jackets 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 as you requested.

The first item, style I2019, Drytex Duty Jacket, is a 29-inch jacket with a full front opening secured by a two-way zipper that extends to the top of the collar and is covered by a storm flap with five snaps. The jacket features double-entry bellows pockets with flaps at the waist and bellows pockets with flaps in the chest; side zippers for easy inside access; gussetted sleeves; removable epaulets; snap tabs on the cuffs; a removable liner insulated with Thinsulate and a woven synthetic lining. The shell of the jacket is composed of a waterproof, breathable laminated “Drytex” fabric, consisting of a woven nylon outer fabric bonded to a plastic membrane.

The second item, style I450N/L, Drytex Reversible Windbreaker, is a twenty-five inch jacket with an elasticized waistband, a full front opening with a zipper closure, a pointed collar and side zippers. The first side is composed of a waterproof, breathable laminated “Drytex” fabric, consisting of a woven nylon outer fabric bonded to a plastic membrane. This side features double-entry bellows pockets with flaps at the waist and gussetted sleeves with zippers for ventilation. The second shell is composed of a visibly coated woven fabric and has unsecured pockets at the waist and a reflective band across the upper chest.

The third item, style I1010, Drytex Duty Jacket, is a twenty-five inch jacket with a full front opening secured by a two-way zipper that extends to the top of the collar and is covered by a storm flap with five snaps. The jacket features double-entry bellows pockets with flaps at the waist and bellows pockets with flaps in the chest; a partially elasticized waistband; side zippers for easy inside access; gussetted sleeves; removable epaulets; snap tabs on the cuffs; a removable liner insulated with Thinsulate and a woven synthetic lining. The shell of the jacket is composed of a waterproof, breathable laminated “Drytex” fabric, consisting of a woven nylon outer fabric bonded to a plastic membrane.

The fourth item, style I2288, Multi-Climate Drytex Jacket, is a double jacket set consisting of a twenty-five inch outer jacket with a full front opening secured by a two-way zipper that extends to the top of the collar and is covered by a storm flap with six snaps. It has an elasticized waistband; partially elasticized cuffs with an adjustment tab; double entry bellows pockets with flaps at the waist; a roll-up hood with drawstring that stores within the collar; side zippers for easy inside access and a drawstring at the neck. The inner jacket is reversible. It has an elasticized waistband; rib knit cuffs; a full front opening with a zipper that extends to the top of the collar; side zippers for easy inside access and Thermoloft nonwoven insulation. One side of this garment has double entry bellows pockets at the waist. The second side has slant, zippered pockets at the waist. Both shells of this garment are made from a woven synthetic fabric. Although no information was provided regarding this item being treated for water resistance, it appears that the fabric has a treatment.

The descriptive information you provided and the information on the maker’s website indicate that the outer jacket of style I2288 has a shell composed of a three-layer lamination. However, the sample submitted is made from a fabric similar to that found on the other styles, namely, a woven fabric with an inner layer of a plastics material. Our reply is based on the construction of the submitted sample. If this garment is produced with a different fabrication, it should be resubmitted, as a change in its construction could result in a change in classification.

The applicable subheading for styles I2019, I450N/L, I1010 and the outer jacket of style I2288 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5903, 5906 or 5907, of man-made fibers, anoraks, windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The inner jacket of style I2288 is eligible for classification as water resistant. If the jacket meets 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 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 28.1 percent ad valorem.

Each of these garments falls 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,

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