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NY K82664




February 23, 2004
CLA-2-62:RR:NC:WA:357 K82664

CATEGORY: CLASSIFICATION
TARIFF NO.: 6202.93.4500; 6202.93.5011; 6110.30.3035

Ms. Marian Clare
UTC Overseas, Inc.
420 Doughty Blvd.
Inwood, N.Y. 11096

RE: The tariff classification of a woman’s jacket and vest set from China

Dear Ms. Clare:

In your letter dated January 12, 2004, on behalf of Kenneth Barnard Limited, you requested a classification ruling.

The sample submitted, style number 103003, is a woman’s two-piece set consisting of an outer hip-length jacket and an inner hip-length vest that can be worn together 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 shell composed of a woven 100% nylon fabric that has a polyurethane coating and is quilted in a diamond pattern to a nonwoven polyester batting fill. The jacket is lined with a woven man-made fiber fabric. The jacket is slightly fitted at the waist, has a full front opening secured by a right-over-left, four button hidden placket closure, two front pockets with zipper closures at the waist, long sleeves with ribbed-knit fabric cuffs and a stand-up collar with a tab secured by a button closure on the front portion of the neck. The jacket also features an adjustable belt with a metal buckle on the rear portion of the waist that can be used for a better fit and a straight cut hemmed bottom.

The vest is constructed of a knit brushed 100% polyester fleece fabric. The vest is fitted at the waist, has oversized armholes and a full front opening secured by a double pull zipper closure. The vest also has an integral hood with a drawcord tightening, and a straight cut hemmed bottom.

The sample is being returned to you as you have requested.

The outer 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 6202.93.4500, which provides for other women's or girls’ 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 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for the vest will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s or girls’ vests, other than sweater vests: of man-made fibers: knitted or crocheted. The duty rate will be 32 percent ad valorem.

The jacket falls within textile category designation 635. The vest falls within textile category designation 659. 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 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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