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NY I80580




May 16, 2002

CLA-2-62:RR:NC:WA:357 I80580

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6201.93.3000; 6201.93.3511; 6210.40.5020

Mr. Bill Julich
Delmar International, Inc.
147-55 175th Street
Jamaica, New York 11434

RE: The tariff classification of two men’s jackets and a man’s double jacket set from China

Dear Mr. Julich:

In your letter dated April 15, 2002, on behalf of Weatherbeeta USA, Inc. you requested a classification ruling.

Style number CH652 is a man’s upper thigh-length jacket constructed of a contrasting color fabric shell composed of a woven 100% polyester fabric which has a visible polyvinyl chloride coating on the inner surface. The garment is lined in the upper body with a knit 100% polyester fleece fabric and in the lower body and sleeves with a woven 100% nylon fabric. The garment has a nonwoven batting fill.

The jacket has a detachable hood with a drawcord tightening and a hook and loop fastener at the chin, a stand-up collar and a full front opening secured by a double pull zipper closure. The hood can be rolled up and stored within the collar by three snap closures. An overlapping flap with six snaps covers the front zipper area. The jacket has long sleeves with elastic and a tab with a snap closure on the cuffs, a free hanging rear yoke secured in the center by a hook and loop fastener and an inner drawcord tightening at the waist. The garment also features two front vertical pockets with zipper closures below the waist, a zippered inner pocket, two vents with gussets on the lower portion of the back panel that are secured by snap closures and a straight cut hemmed bottom. A rubberized label with the “Dublin” logo is on the lower portion of the left front panel.

Style number CH747 is a man’s double jacket set. The two piece set consists of an upper thigh-length outer jacket and a lower hip-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 contrasting color fabric shell composed of a woven 100% polyester fabric which has a polyurethane coating on the inner surface. The garment is lined in the upper body with a polyester mesh fabric and in the lower body and sleeves with a woven 100% nylon fabric. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a detachable snap-off hood with a drawcord tightening and a hook and loop fastener at the chin, a stand-up collar, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner jacket. The hood can be rolled up and stored within the collar by three snap closures. An overlapping flap with seven snaps covers the front zipper area. The jacket has two chest pockets with zipper closures, long sleeves with a tab secured by a hook and loop fastener on the cuffs, grommets under each armhole for ventilation, an inner drawcord tightening at the waist, two inner pockets, two front pockets with zipper closures below the waist, two side seam vents with snap closures and a straight cut hemmed bottom. Inner tabs with snap closures at the nape of the neck and at the cuffs are used for attachment of the inner jacket. The “Dublin” logo is embroidered onto the right front yoke and the rear yoke, and is printed on a label on the lower portion of the left side seam.

The inner jacket is constructed of a shell composed of a knit brushed 100% polyester fleece fabric and has an overlay of fabric composed of woven man-made fibers on the outer portion of the collar and on the front and rear yokes. The jacket has a stand-up collar, a full front opening secured by a zipper closure, long sleeves with elasticized cuffs, two front pockets with zipper closures at the waist and a drawcord tightening through the bottom hem. The “Dublin” logo is embroidered onto the left chest and below the rear yoke area. The jacket has textile loops on the inner portion of the collar and on the inner portion of the cuffs that are used for attachment to the outer jacket.

Style number CH748 is a man’s upper thigh-length jacket constructed of a contrasting color shell fabric composed of a woven 100% nylon fabric. A majority of the shell fabric’s surface area has a visible polyurethane coating on the inner surface. The jacket is lined with a woven 100% nylon fabric that is quilted in a diamond pattern to a nonwoven batting insulation fill. The jacket has a snap-off hood with a drawcord tightening and a tab with two snap closures at the chin; a stand-up collar and a full front opening secured by a zipper closure. The hood can be rolled up and stored within the collar by three snap closures. An overlapping flap with six snaps covers the front zipper area. The jacket has long sleeves, elastic and a tab with a hook and loop fastener on the cuffs and grommets under each armhole for ventilation. The jacket also has a zippered pocket along the left front placket, an inner drawcord tightening at the waist, six inner pockets, two of which are secured by hook and loop fasteners, two double entry front pockets secured by an overlay of fabric with a hook and loop fastener, two rear vents with small gussets that are secured by snap closures and a hemmed bottom. A rubberized label with the “Dublin” logo is on the left front pocket.

The samples are being returned to you as you have requested.

The applicable subheading for style numbers CH652 and CH748 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The outer jacket of style number CH747 is eligible for classification as water resistant. If the 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 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 of style number CH747 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers. The duty rate will be 28.6 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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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