CLA-2-42:RR:NC:3:353 G84219

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of men’s and ladies leather and textile pants and jackets from Indonesia.

Dear Mr. Gonzalez:

In your letter dated November 8, 2000 you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples are men’s and ladies pants and jackets composed of leather and textile fabric. Style XW28 is ladies pants composed of a surface area of 76% leather, 24% nylon fabric. The pants have leather at the front with two small textile inserts at the thighs. The back is leather with a textile insert on the seat. The pants have a fly front, zippers on the side of each leg, snaps at the bottom and two zippered pockets below the waist. Style XM33 is men’s pants composed of a surface area of 84% leather, 16% nylon fabric. The men’s pants are identical in style as the ladies pants. Style XM32 is a man’s jacket composed of a surface area of 67% leather, 33% nylon fabric. The jacket has a leather front and back with an inset of textile fabric from the armpit to the waist. There are several zippered pockets, stand-up collar and a full front zippered closure. Style XW27 is a ladies jacket composed of a surface area of 67% leather, 33% nylon fabric. The front and back is leather with small textile inset at the sides and sleeves. It has a stand-up collar, full front zippered closure and several zippered pockets. Style LM74 is a man’s jacket composed of a surface area of 49% leather, 51% woven nylon fabric. The jacket is textile at the front and back, leather across the shoulders and small portion of the sleeves. The garment has a full front zippered closure, stand-up collar, two zippered pockets below the waist and two zippered breast pockets.

The leather imparts the essential character to Styles XW28, XM 33, XM32 and XW27. The woven nylon fabric imparts the essential character to style LM74.

The applicable subheading for the ladies pants, style XW28 will be 4203.10.4095, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel and clothing accessories, of leather or of composition leather: Articles of apparel: Other, Other: Women’s, girls and infants.” The duty rate will be 6% ad valorem for the year 2000 and will remain the same for 2001.

The applicable subheading for the men’s pants, style XM33 will be 4203.10.4085, Harmonized Tariff Schedule of the United states (HTS), which provides for “Articles of apparel and clothing accessories, of leather or of composition leather: Articles of apparel: Other, Other: Men’s and boys’.” The duty rate will be 6% ad valorem for the year 2000 and will remain the same for the year 2000.

The applicable subheading for the ladies jacket, style XW27 will be 4203.10.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel…: Other, Coats and jackets: Other: Women’s, girls’ and infants’.” The duty rate will be 6% ad valorem for the year 2000 and will remain the same for 2001.

The applicable subheading for the man’s jacket, style XM32 will be 4203.10.4030, Harmonized Tariff schedule of the United States (HTS), which provides for “Articles of apparel…: Other, Coats and jackets: Other: Men’s and boys’.” The duty rate will be 6% ad valorem for the year 2000 and will remain the same of 2001.

The applicable subheading for the men’s jacket, style LM74 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ overcoats, carcoats, capes cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Other, Men’s.” The duty rate will be 28.4% ad valorem for the year 2000 and 28.2% ad valorem for 2001.

Style LM 74 falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division