CLA-2-62:RR:NC:3:353 D80596
Mr. Johnny Lee
BJ Customs Brokerage Co.
P.O. Box 91034
Los Angeles, CA 90045
RE: The tariff classification of down jackets from China.
Dear Mr. Lee:
In your letter dated July 17, 1998, on behalf of Marshall Gobuty Intl.,
Inc., you requested a classification ruling.
The submitted samples, Styles 518-2266 and 518-1227 are down jackets. You
state in your letter that the down jackets, 518-2266, 518-1227, are comprised of
35% by weight of down and 65% by weight of feathers. Style 518-2266 is a man's
down jacket consisting woven 100% nylon fabric and features a full front
zippered snap closure which snaps left over right. It has a pocket on each side
toward the bottom with a zippered snap closure and two pockets on the right side
of the chest one with a zipper closure and the other with a zippered snap
closure. The garment has long sleeves, a removable hood and a elastic
waistband. The lining is 100% nylon with horizontal quilting.
Style 518-1227 is a woman's down jacket consisting of woven 100% nylon
fabric. It features a full front zippered snap closure which closes right over
left. The garment has two chest pockets on the right side of the chest, one
with a zippered closure and the other with a zippered snap closure. It has long
sleeves, a removable hood and a elastic waistband.
Two other samples were submitted with out style numbers. These samples do
not appear to be part of the ruling request. You also requested classification
of Styles 518-1037 and 518-2910, but did not supply samples. We cannot classify
this merchandise without identified samples.
The samples submitted will be returned to you as per your request.
The applicable subheading for the man's down jacket, Style 518-1037 will be
6201.93.1000, 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: Containing 15 percent or more by weight of down and
waterfowl plumage and of which down comprises 35 percent or more by weight;
containing 10 percent or more by weight of down." The duty rate will be 4.6
percent ad valorem.
The applicable subheading for the woman's down jacket, Style 518-1227 will
be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which
provides for "Women's or girls' overcoats, carcoats, capes, cloaks, anoraks
(including ski-
jackets), windbreakers and similar articles (including padded, sleeveless
jackets), other than those of heading 6204: Anoraks (including ski-jackets),
windbreakers and similar articles (including padded, sleeveless jackets): Of
man-made fibers: Containing 15 percent or more by weight of down and waterfowl
plumage and of which down comprises 35 percent or more by weight; containing 10
percent or more by weight of down." The duty will be 4.6% ad valorem.
Due to the fact that the styles 518-2266 and 518-1227 are to be filled with
a blend of 35% down/65% waterfowl plumage, it is classified as down apparel.
Even a slight change in the down content may result in a change in
classification, as well as, visa and quota requirements. Styles 518-2266 and
518-1227 may be subject to U.S. Customs laboratory analysis at the time of
importation and if the filling is other than 35% down/65% waterfowl plumage, it
may be reclassified by Customs at that time.
Style 518-2266, the man's down jacket falls within textile category
designation 653. Style 518-1227, the woman's down jacket, falls within textile
category designation 634. Based upon international textile trade agreements
products of China are subject to quota 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. 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 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 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division