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NY I80223




May 7, 2002

CLA-2-62:RR:NC:WA:357 I80223

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Maristella Iacobello
Phillips – Van Heusen Corporation
200 Madison Avenue
New York, N.Y. 10018

RE: The tariff classification of a man’s double jacket set from Malaysia, Indonesia or Sri Lanka

Dear Ms. Iacobello:

In your letter dated April 5, 2002, you requested a classification ruling.

The sample submitted, style number 78302, “2 in 1 jacket”, is a man’s double jacket set. The two piece set consists of an upper thigh-length outer jacket and an upper thigh-length inner jacket, which can be zippered together along the front edges and snapped together at the nape of the neck and at the wrist areas so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. The jacket is lined with a mesh fabric.

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

The jacket has a stand-up collar, an integral hood with a drawcord tightening that can be rolled up and concealed within the collar by a hook and loop fastener, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner jacket. An overlapping flap with two snaps and three hook and loop fasteners covers the zipper area. The jacket features two vertical zipper pockets and two pockets with side openings in the chest area, a zippered inner pocket, an inner drawcord tightening at the waist and two double entry bellows pockets below the waist that are secured by a zipper closure and a flap with a hook and loop fastener. The jacket also features long sleeves with a tab secured by a hook and loop fastener on the cuffs and a drawcord tightening through the bottom hem. Inner tabs with a half-snap closure at the wrist area and an elasticized loop at the nape of the neck are used for attachment of the inner jacket. The “Izod Perform X” logo is featured on the left sleeve and on the left cuff.

The inner jacket is constructed of a shell that has a body composed of a woven 100% nylon fabric and sleeves composed of a knit brushed 100% polyester fleece fabric. The jacket is lined in the body with a knit brushed 100% polyester fleece fabric and in the sleeves with a woven 100% nylon fabric. In a phone conversation you indicated that the woven nylon fabric portion of the jacket does not have a coating for water resistance. The jacket has a stand-up collar, a full front opening secured by a reversible zipper pull closure that extends to the top of the collar, two inner pockets (one with a zipper closure and one with a hook and loop fastener), long hemmed sleeves and a straight cut hemmed bottom. A tab with a snap closure on the rear portion of the collar and tabs with a half-snap on the outer portion of the wrist area are used for attachment to the outer jacket.

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

The outer jacket is eligible for classification as water resistant. If the outer 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 duty rate will be 7.2 percent ad valorem.

If the outer 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.

The applicable subheading for the inner jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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.

The inner jacket and the outer jacket fall within textile category designation 634. Based upon international textile trade agreements products of Malaysia, Indonesia or Sri Lanka are presently subject to quota restraints 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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