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NY I83212




July 18, 2002

CLA-2-62:RR:NC:TA:357 I83212

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. W.J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of a leather and textile jacket from Indonesia

Dear Mr. Gonzalez:

In your letter dated June 17, 2002, on behalf of Intersport Fashions West, you requested a classification ruling. A sample was submitted and is being returned.

The item in question, style “Supernova,” is a men’s bomber-style jacket made from a combination of leather and textile fabrics. The garment has a full front opening with a zipper closure, a stand-up collar, slant, zippered pockets at the waist, long sleeves with zippers extending up from the ends, a vertically zippered gusset backed by mesh on each side of the back panel for ventilation, adjustment tabs with hook and loop closures at the waist and a mesh lining. The front panels are almost entirely of textile materials, while the back panel except for the yoke is all leather. The sleeves are partly made of each material.

In your letter you provided information regarding the surface area, weight and value of the leather and the textile portions. Although a detailed analysis was not performed on the surface area, examination of the sample does not support your assertion that the surface area is 65% leather.

Goods consisting of different materials or made up of different components are to be classified according to the material or component that provides the essential character to the product. When such a determination cannot be made, the product is classifiable under the heading which occurs last in the tariff, among those which equally merit consideration. In this case neither the leather nor the woven nylon fabric provides the essential character. Therefore, the jacket is classifiable as a textile product.

You stated in your letter that the nylon fabric is coated for water resistance. Inasmuch as a substantial portion of the garment is not made from this fabric, it is not eligible for classification as a water resistant garment.

The applicable subheading for the 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.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia 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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