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NY J82399




April 18, 2003

CLA-2-61: RR:NC:TA:N3:356 J82399

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6103.43.1520

Mr. Kevin Egan
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a man’s “ScentBlocker Plus” hunting jacket and pants from the Philippines.

Dear Mr. Egan:

In your letter dated March 10, 2003, you requested a tariff classification ruling.

Style “Frontier” consists of a men’s camouflage jacket and pair of pants. The outer shell of both garments is constructed from a 100 percent polyester, warp knit mesh fabric and the pockets are of 100 percent polyester woven fabric. The jacket and pants have a full sewn-in lining of 100 percent polyester, laminated “ScentBlocker Plus” fabric that contains activated carbon.

The jacket features a full front opening with a zipper closure; a hood with a double drawcord and cord locks; long, raglan sleeves with cuffs that are partially elasticized and have an adjustable tab with two snap closures; two pockets at the waist with flaps and snap closures; and a tunnel elastic bottom. The pants feature a tunnel elastic waistband with belt loops; a rear patch pocket with a flap and snap closures; a cargo pocket on each leg with a flap and snap closures; sixteen inch long knee to ankle zippers on the inside leg seams; and a drawcord and cordlock at the ankles.

You state that you believe that the proper classification for the jacket and the pants is in subheading 6210.40.5050 and 6210.40.5030, (HTS), respectively. Although specialized linings impart desirable , and sometimes necessary, features to a garment, the outer shell (in this case, the warp knit fabric) is considered to impart the essential character to the garment. T.D. 91-78 is noted.

Consequently, the applicable subheading for the jacket of Style “Frontier” will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of man-made fibers: other: men’s. The rate of duty is 28.4 percent ad valorem.

The applicable subheading for the pants of Style “Frontier” will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: trousers and breeches: men’s. The rate of duty is 28.4 percent ad valorem.

The jacket of Style “Frontier” falls within textile category designation 634 and the pants of Style “Frontier” fall within textile category 647. Based upon international textile trade agreements, products of the Philippines are subject to visa requirements and quota restraints.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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