CLA-2-61:OT:RR:NC:TA:357
Mr. Wil J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250
RE: The tariff classification of men’s rain jackets and pants from Indonesia
Dear Mr. Gonzalez:
In your letter dated October 2, 2008, on behalf of Fairchild Sports USA, Inc., you requested a classification ruling. Samples were submitted and are being returned as you requested.
The garments in question, “Daylight Rain Jacket” and “Daylight Rain Pant,” are made from a 100% polyamide knitted fabric with a polyurethane coating known as “Flexothane” on the outer surface which, while visible, does not completely obscure the underlying fabric.
The jacket has a full front opening with a zipper closure that extends to the top of the collar and is covered by a double flap secured with hook and loop closures, long sleeves with adjustment tabs at the ends, an elasticized drawstring with cord locks through the bottom hem, zippered pockets at the waist with hook and loop secured flaps, a zippered pocket in the right chest, a full lining comprised of mesh in the body and taffeta in the sleeves and reflective piping inserted in various seams. The collar contains two hoods: one of a stretch nylon, the other of shell fabric.
The trousers are pull-on and have an elasticized waist, side zippers that extend from the ankle to the waist and are covered by flaps with hook and loop closures, elasticized hems at the leg bottoms, reflective piping in the outside seams and stirrups. The trousers are unlined.
The subheadings you suggested for classification, both in Chapter 62, HTSUS, are not applicable as these garments are of knit construction and are, therefore, classifiable in Chapter 61, HTSUS.
The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other men’s or boys’ coats and jackets, other than of cotton. The duty rate will be 7.1 percent ad valorem.
The applicable subheading for the trousers will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other men’s or boys’ trousers, breeches and shorts. 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 and trousers fall within textile categories 634 and 647, respectively. 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. 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 William Raftery at (646) 733-3047.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division