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NY K88174




August 11, 2004

CLA-2-62:RR:NC:WA:357 K88174

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Ms. Jackie M. Czapp
UPS Supply Chain Solutions
806 AirPark Center Drive
Nashville, TN 37217

RE: The tariff classification of a man’s jacket and a man’s pullover from Taiwan

Dear Ms. Czapp:

This letter replaces the ruling letter we sent to you under file number K86745. The purpose of this replacement letter is to correct the classification of a man’s jacket, style number 1240 “Metro Microsuede Jacket”, based on the new information you submitted pertaining to the jacket’s nylon lining fabric which has a polyurethane coating for water resistance. A corrected letter follows:

In your letter dated June 2, 2005, on behalf of Premiumwear, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 1240 “Metro Microsuede Jacket”, is a man’s hip-length jacket constructed of a shell composed of a woven microsuede 100% polyester fabric. The jacket is fully lined with a woven 100% nylon fabric that has a polyurethane coating and is quilted in a diamond pattern to a nonwoven batting fill.

The jacket has a full front opening that is secured by a zipper closure, long sleeves with an adjustable button closure on the cuffs, two front slash pockets at the waist and three inner pockets, two of which have zipper closures. The garment also has a fold down pointed collar, a straight cut hemmed bottom and a zipper opening between the shell and the lining fabric on the inner portion of the rear panel at the bottom hem.

Style number 1585 “Micro Suede Quarter Zip Windshirt”, is a man’s hip-length pullover garment constructed of a shell composed of a double knit 60% cotton/40% polyester fabric that measures 14 stitches per two centimeters counted in the horizontal direction. The garment is lined with a woven 100% nylon fabric that has a polyurethane coating. The pullover has a stand-up collar composed of a ribbed-knit fabric, a partial front opening at the neck secured by a zipper closure, long sleeves with ribbed-knit fabric cuffs, two side seam pockets at the waist and a ribbed-knit fabric waistband.

The samples and your catalog are being returned to you as you have requested.

The applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers: water resistant. The duty rate will be 7.1 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the jacket passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Although the man’s pullover also has a coated lining, the shell of the garment is composed of a knit fabric which disqualifies it from being classified as water resistant.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan 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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