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NY K80986




January 21, 2004
CLA-2-62:RR:NC:TA:357 K80986

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Pete Michalczyk
Colorado Customs Brokers
6750 E 46th Ave Dr
Unit 600
Denver, Colorado 80216

RE: The tariff classification of a men’s cycling jacket from Thailand

Dear Mr. Michalcyzk:

In your letter dated December 15, 2003, on behalf of Dash America, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style Trifecta Cycling Jacket, is a men’s jacket with a shell comprised of two types of fabric. The first is a coated nylon woven fabric bonded to a tricot knit fabric, described as “e-vent” fabric; the second is described as soft shell nylon and is bonded to a brushed mesh fabric. This fabric is also woven.

The jacket is waist-length and has a full front opening with a zipper extending to the top of the collar, zippered pockets in the lower back panels, zippered gussets at the sleeve ends and a pocket in the left chest with a vertical zipper opening. A substantial portion of the upper back, sleeves and side seam inserts is comprised of the soft shell nylon, while the remainder of the garment is comprised of “e-vent” fabric.

With your letter you included laboratory reports on the two types of fabric in support of a water resistant designation and also suggested classification in HTS Heading 6210.

Classification of goods in HTS Heading 6210 is governed by construction, not by water resistance. In this case the presence of significant portions made from the soft shell fabric, which is not visibly coated, precludes the garment from being considered “made up” of a fabric described in HTS Heading 6210. However, this does not prevent it from being classified as water resistant. In that regard, however, we note that the ”e-vent” fabric was not tested using AATCC Test Method 35-1985, the method specified in the tariff.

Style Trifecta Cycling Jacket 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 or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 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 27.7 percent ad valorem.

This garment falls within textile category designation 634. Based upon international textile trade agreements products of Thailand 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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