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NY M86963




October 25, 2006

CLA-2-62:RR:NC:TA:357 M86963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2010; 6211.32.0070; 6201.92.2051; 6210.40.5020; 6110.30.3030

Ms. Joan Studeny
GHY USA, Inc.
572 South Fifth St.
Pembina, ND 58271

RE: The tariff classification of men’s garments from Canada and China

Dear Ms. Studeny:

In your letter dated September 22, 2006, on behalf of Richlu Manufacturing, Winnipeg, Manitoba, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style I9371B, is a padded, sleeveless jacket with a shell made from a 100% cotton woven duck fabric and a nylon lining diamond-quilted to a polyester insulation. The garment has a full front opening secured by a metal zipper, a hemmed bottom that is curved in the back, pockets at the waist and in the chest and a rib knit collar and side-seam inserts.

The second item, style I31019/29, is an unlined outerwear vest made from a 100% cotton woven duck fabric. It has a full front opening secured by a metal zipper that is covered by a storm flap with five snaps, a collar with a snap closure, a hemmed bottom with hook and loop adjustment tabs and bellows pockets at the waist and in the chest with flaps secured by hook and loop closures.

The third item, style I97519/29, is a men’s jacket with removable sleeves. It has a shell made from a 100% cotton woven duck fabric, a mesh lining in the chest and upper back, a full front opening secured by a metal zipper covered by a storm flap with five snaps, a collar with a snap closure, a hemmed bottom with hook and loop adjustment tabs, bellows pockets at the waist and in the chest with flaps secured by hook and loop closures, various D-rings hanging on the inside of the jacket, four inner pockets and nylon-lined, zip-off sleeves with snaps at the cuff.

The fourth item, style I23911, is a men’s outerwear jacket with a shell made from a woven 100% cotton yarn dyed fabric. It has a woven polyester lining diamond quilted to a nonwoven insulation, a full front opening with a six-button closure, a “vestie” insert made from a knitted fabric and secured with a zipper, a hood of the same knit fabric brushed on the inner surface, long sleeves with buttoned cuffs, on-seam pockets at the waist, patch pockets with button-through flaps on the chest, one inner chest pocket and a curved, hemmed bottom.

The final item, style 7A0607, is a double garment set. The outer portion is a jacket made from a woven 100% nylon fabric with a visible polyurethane coating on the inner surface. The garment has a full front opening with a zipper closure, a full mesh lining, a hood that stores within the standup collar, zippered pockets at the waist, long sleeves that zip off and have elastic and a tab with a hook and loop closure at the wrist and an elasticized drawstring through the bottom hem.

The inner component of style 7A0607 is made from a 100% polyester heavily brushed knit fabric. It may be worn as a lining for the outer jacket or alone. It has a full front opening with a zipper closure that also attaches to zipper segments on the outer jacket. This garment is sleeveless, has a full front opening with a zipper closure, a zippered chest pocket, binding around the armholes and bottom hem and tabs with snaps for securing to the outer jacket.

The applicable subheading for style I9371B will be 6201.92.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of cotton: other padded, sleeveless jackets. The duty rate will be 9.4% ad valorem.

The applicable subheading for style I31019/29 will be 6211.32.0070, which provides for other garments, men’s or boys’, of cotton, vests. The duty rate will be 8.1% ad valorem.

The applicable subheading for styles I97519/29 and I23911 will be 6201.92.2051, which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of cotton. The duty rate will be 9.4% ad valorem.

The applicable subheading for the outer jacket of style 7A0607 will be 6210.40.5020, which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 7.1% ad valorem.

The applicable subheading for the inner vest of style 7A0607 will be 6110.30.3030, which provides for men’s or boys’ vests (other than sweater vests), knitted or crocheted, of man-made fibers. The duty rate will be 32% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles I9371B and I31019/29 fall within textile category 359; styles I97519/29 and I23911 fall within textile category 334; the outer jacket of style 7A0607 falls within textile category 634; and the knit vest portion of style 7A0607 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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