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 > 2007 NY Rulings > NY N003760 - NY N003896 > NY N003857

Previous Ruling Next Ruling
NY N003857




December 13, 2006

CLA-2-62:RR:NC:WA:357 N003857

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. Jeff Cross
All-Pack Express
150-40 183rd Street
Jamaica, N.Y. 11413

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

Dear Mr. Cross:

In your letters dated October 12, 2006 and November 29, 2006, on behalf of Spirito, you requested a classification ruling.

The sample submitted, style number YK2811, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible polyacrylate coating on the inner surface. The garment is not lined.

The garment has a crossover, v-neck-style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The garment has no pockets.

In you letter you suggested classification for this garment under HTS 6211.33.0040, which provides for men’s or boys’: shirts excluded from heading 6205. However, this garment is more akin to a jacket and is composed of a woven shell fabric with a visible coating on the inner surface.

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules of the United States, 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 the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other: Anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent 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/.

The jacket falls within textile category 634. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: