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NY L87539




October 11, 2005

CLA-2-62:RR:NC:TA:357 L87539

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. Ed Sweeney
Reebok International Ltd.
1895 J.W. Foster Blvd.
Canton, MA 02021

RE: The tariff classification of a women’s running jacket from Indonesia

Dear Mr. Sweeney:

In your letter dated September 12, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style ARWS6026, is a women’s running jacket made from an 86% polyester/14% spandex fabric. The front panels, the upper portions of the sleeves and the upper back are made of a woven fabric, while the side panels (which are cut irregularly), the bottom portions of the sleeves and the majority of the back are made of a contrasting knit fabric. The jacket has a full front opening with a two-way zipper that extends to the top of the collar, zippered on-seam pockets at the waist and a zippered pocket on the lower back. On each side of the front of the jacket, just below the shoulders, and on the back at the juncture of the knit and woven portions, are molded lighting panels that measure approximately 4-3/4 inches in length and 1-3/8 inches at their widest point. These panels contain a small LED light attached to a power pack with a replaceable lithium battery. The battery packs will be secured to the garment by a sewn-in pouch and will be detachable for laundering of the garment. Through use of a switch the wearer can choose flashing or solid light when wearing the jacket in low light or darkness.

You asked whether this item would be classifiable in heading 8531, HTS, which provides for certain signaling devices, or as a garment.

This item is a composite good having its essential character provided by the garment. The signaling feature is merely an enhancement somewhat analogous to reflective striping that often appears on running garments.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

This jacket falls within textile category designation 635. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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