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 I81018 - NY I81067 > NY I81025

Previous Ruling Next Ruling
NY I81025




May 31, 2002

CLA-2-62:RR:NC:WA:357 I81025

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of three men’s pullover jackets from the Philippines; Visibly Coated

Dear Ms. Bounds:

In your letter dated May 1, 2002, on behalf of Design Resources, Inc., you requested a classification ruling.

Three samples were submitted: Style number 5447-B, “Explorer”, is a man’s hip-length pullover jacket constructed of a shell composed of a woven black color 210T 100% nylon taffeta fabric which has a polyurethane coating for water resistance. Style number 5447-N, “Explorer”, is a man’s hip-length pullover jacket constructed of a shell composed of a woven navy color 210T 100% nylon taffeta fabric which has a polyurethane coating for water resistance. Style number 5447-G, “Explorer”, is a man’s hip-length pullover jacket constructed of a shell composed of a woven gold color 210T 100% nylon taffeta fabric which has a visible polyurethane coating on the inner surface. Each jacket is lined in the front panel and sleeves with a woven 190T nylon taffeta fabric and in the rear panel with a knit mesh 100% polyester fabric.

The coatings on style numbers 5447-B and 5447-N are not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

Each jacket has a stand-up collar and a partial opening at the neck that is secured by a zipper closure. Each jacket is trimmed with capping fabric at the edge of the collar and on each side of the front zipper opening. Each garment features long sleeves with elasticized capping at the wrist area, a handwarmer pocket on the lower portion of the front panel and elasticized capping at the bottom hem.

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

Style numbers 5447-B and 5447-N are eligible for classification as water resistant. If the jackets pass 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 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 pass the water resistance test, 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.

The applicable subheading for style number 5447-G 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.

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

Previous Ruling Next Ruling

See also: