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NY N007219




March 20, 2007

CLA-2-62:RR:NC:WA:357 N007219

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.50.5020

Ms. Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of a man’s jacket and a child’s unisex jacket from China, Sri Lanka, Hong Kong and Vietnam

Dear Ms. Scott:

In your letter dated February 8, 2007, on behalf of Helly Hansen (US) Inc., you requested a classification ruling.

Two samples were submitted as follows: Style 70151 is a man’s hip-length windbreaker-type jacket with a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

Style 70151 has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure and an overlapping flap with five snap closures that covers the zipper area. The jacket has long sleeves with elasticized cuffs, two front pockets covered by an overlay of fabric with a snap closure, a free-hanging rear yoke for ventilation, a drawcord tightening through the bottom hem and 4-inch strips of reflective piping on the shoulders and in the center of the rear yoke. A label with the “Helly Hansen” tradename and logo is on the front placket and a label with the “Helly Tech Work Wear” logo is on the left side seam.

Style 41014, “Kids HT Jacket,” is a revised version of style 41014 previously ruled on in NY M87205, dated November 14, 2006. The original garment had a potentially water resistant shell and did not have a visible polyurethane coating. The revised garment has a visible polyurethane coating and water resistance is therefore not a consideration. In other respects, the previous style and the current style are identical. The jacket has long sleeves with tightening elements at the cuffs, a snap-on detachable hood, waistband patch pockets with pocket flaps secured by hook and loop closures and a full front zipper opening with storm flap secured by hook and loop closures.

You advised in a telephone conversation that the jacket will be sized for children ages 2 through 9.

The fibers that make up the yarns in both samples are blurred by the presence of the coating; therefore, both garments are considered visibly coated.

The samples are being returned to you as you have requested.

The applicable subheading for style 70151 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, windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style 41014 will be 6210.50.5020, 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 women’s or girls’ garments: Of man-made fibers: Other: Anoraks, 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/.

Style 70151 falls within textile category 634. Style 41014 falls within textile category 635. 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,

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