CLA-2-62:S:N:N5:357 891273
Ms. Carrie L. McRae
DeSar, Inc.
1419-A Elliott Avenue West
Seattle, Washington 98119
RE: The tariff classification of a unisex jacket and a "Fanny" bag
from China
Dear Ms. McRae:
In your letter dated October 1, 1993, you requested a classification
ruling.
The sample submitted, "Traveling Convertible," style number 2013, is
an upper-thigh length jacket. The jacket is constructed of an outershell
composed of a woven brushed 100% nylon fabric and is indicated to be a
unisex garment in your advertising catalog and price list. The garment
features a contrasting colored lining of the same fabric as the shell with
a partial 100% Hydrofil mesh insert on the upper back panel.
The garment has a full front opening secured by a heavy-duty zipper
closure. The jacket features zip off sleeves which allows the garment to
be worn as a vest. There are two bellows chest pockets with flaps, two
triple entry pockets with flaps located below the waist and three inner
pockets. The pockets are secured by "VELCRO"-type fasteners. Above the
right triple entry pocket there is a zippered pocket. Sewn onto the front
of the right chest pocket is a smaller pocket and a textile label featuring
the trade name "Ex Officio". At the bottom of the left chest pocket there
is a sewn on textile loop with a hanging plastic D-ring. Above the pocket
there is a textile strip with a "VELCRO"-type fastener. Located on each
side of the waist is an adjustable nylon textile strap and plastic buckle
used for cinching in at the waist. The garment's back yoke is quilted and
the back panel has two side vents which cover the mesh insert.
Imported with the jacket is a "Fanny" bag. The bag is constructed of
the same fabric as the jacket and has a front zipper closure and two
textile nylon strap extensions with a plastic buckle which allow the
wearer to secure the "Fanny" bag around the waist. The bag is suitable for
repetitive use and if imported with the jacket it will be classified
separately.
If the jacket is sold to both males and females and cannot be
identified as exclusively men's, then the applicable classification for the
garment will be in the HTS covering women's 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, windbreakers and similar articles, of man-made
fibers. The duty rate will be 29.5 percent ad valorem.
The applicable subheading for the "Fanny" bag will be 4202.92.3030,
Harmonized Tariff Schedule of the United States (HTS), which provides for
travel, sport or similar bags, with outer surface of textile materials,
other, of man-made fibers. The duty rate will be 20% ad valorem.
The jacket falls within textile category designation 635. The "Fanny"
bag falls within textile category designation 670. Based upon
international textile trade agreements products of China are presently
subject to quota restraints and the requirement of a visa.
The designated textile and apparel categories may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Since part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current information
available, we suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for inspection at
your local Customs office.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport