United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L85955 - NY L86007 > NY L85967

Previous Ruling Next Ruling
NY L85967




July 12, 2005

CLA-2-62:RR:NC:WA:357 L85967

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.20.5000

Mr. Michael Blauer
Blauer Manufacturing Company, Inc.
20 Aberdeen Street
Boston, Massachusetts 02215

RE: The tariff classification of two men’s raincoats from China; Visibly Coated

Dear Mr. Blauer:

In your letter dated June 20, 2005, you requested a classification ruling.

Two samples were submitted as follows: Style number 26976-1 is a man’s full-length raincoat constructed of a shell composed of woven 100% polyester fabric that has a visible polyurethane coating on the inner surface. The garment is lined with a woven man-made fiber fabric. The raincoat is worn by people in “Public Safety and Law Enforcement” positions.

The raincoat has a stand-up collar, a full front opening secured by a zipper closure and a storm flap with six hoop and loop fasteners that covers the front zipper area. The raincoat has long hemmed sleeves with a tab secured by a hook and loop fastener at the wrist area, two front pockets below the waist, two pass-through pockets below the waist that can be used for easy access into inner garments and a straight cut hemmed bottom. The garment has a reflective strip across the upper portion of the front and rear panels and on the upper and lower portion of each sleeve. A self-fabric loop with two grommets that is located on the left chest area can be used to secure a badge or identification to the garment.

Style number 733 is a man’s full-length reversible raincoat. The raincoat is constructed on one side of a shell composed of a woven 100% polyester fabric that has a visible polyurethane coating on the inner surface. The other shell is constructed of a contrasting color woven 100% polyester fabric that has a visible polyurethane coating on the inner surface. The raincoat is worn by people in “Public Safety and Law Enforcement” positions. The raincoat has a stand-up collar and a full front opening that is secured by a reversible zipper pull closure. Each shell has long hemmed sleeves with a tab secured by a hook and loop fastener at the wrist area, two front pockets below the waist, two pass-through pockets below the waist that can be used for easy access into inner garments, a straight cut hemmed bottom and a self-fabric loop with two grommets located on the left chest area that can be used to secure a badge or identification to the garment. One shell has a storm flap with seven reversible snap closures that covers the front zipper area. The other shell composed of the contrasting color has a reflective strip across the upper portion of the front and rear panels and on the upper and lower portion of each sleeve.

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both headings 6210 and in other headings in Chapter 62, excluding 6209, they are to be classified in heading 6210.

The applicable subheading for both raincoats will be 6210.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheadings 6201.11 to 6201.19: of man-made fibers: other. The duty rate will be 7.1 percent ad valorem.

We note that style number 733 is marked with the country of origin by means of a fabric label sewn inside one of the pockets. Customs has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

Both raincoats fall within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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,

Previous Ruling Next Ruling

See also: