CLA-2-62:RR:NC:WA:357 D80796
6210.40.5020
Ms. Jeanne O'Connor
Seino America, Inc.
801 S.W. 16th Street
Suite 124
Renton, WA 98055
RE: The tariff classification of three men's jackets and a man's
padded sleeveless jacket from the Philippines, Malaysia or Sri
Lanka
Dear Ms. O'Connor:
In your letter dated July 16, 1998, you requested a
classification ruling.
Four samples were submitted as follows: Style number J736 is
a pullover jacket constructed of a shell composed of a woven 100%
polyester fabric which has a visible breathable 5000mm polyurethane
coating on the inner surface. The garment is lined in the body
with a mesh fabric on the upper back portion and with a woven
fabric on the lower back portion, on the front body and in the
sleeves. The jacket has a stand-up collar, an integral hood with
a drawcord tightening and a partial opening at the neck secured by
a zipper closure. The hood can be rolled up and secured within the
collar by a zipper closure. An overlapping flap with three snaps
covers the zipper area. There are two front pockets with zipper
closures at the waist, two grommets for ventilation under each
armhole and elasticized sleeve cuffs and waistband.
Style number J769 is a padded sleeveless jacket
constructed of a shell composed of woven 100% nylon fabric which
you state has a polyurethane coating. The garment is lined with a
woven 100% nylon fabric which is quilted to a nonwoven polyester
batting. The garment is sleeveless and has a stand-up collar and
a full front opening secured by a zipper closure. The garment has
a zipper pocket along the front placket, two front pockets at the
waist and an elastic band at the bottom hem.
Style number J733 is a jacket constructed of a shell composed
of a woven man-made fabric which you state has a polyurethane
coating. The garment is lined in the body with a knit polyester
fleece fabric and in the sleeves with woven nylon fabric. There is
a nonwoven polyester batting insulation. The jacket has a full
front opening secured by a zipper closure and a a pointed collar
with a button tab at the neck. There are two front pockets with a
snap closure at the waist and an inner pocket with a "VELCRO"-type
fastener. The sleeve cuffs and waistband are composed of a ribbed-knit fabric.
Style number J770 is a jacket constructed of a shell composed
of a woven 100% polyester fabric which you state has a polyurethane
coating. The garment is lined in the body with a mesh fabric on
the upper portion of the front and back panels, and with a woven
fabric on the lower portion of the front and back panels and in the
sleeves. The jacket has a detachable hood with a drawcord
tightening and two "VELCRO"-type fasteners at the chin. The hood
is held to the garment by four snaps. There is a full front
opening secured by a double pull zipper closure. An overlapping
flap with five snaps and a "VELCRO"-type fastener
on the collar covers the zipper area. There is a zippered pocket
along the upper portion of the front placket, an inner drawcord
tightening at the waist, two front double entry bellows pockets
secured by flaps with "VELCRO"-type fasteners and an inner pocket.
The sleeve cuffs are partially elasticized and have a tab with a
"VELCRO"-type fastener.
The coatings on style numbers J769, J733 and J770 are not
visible as that term is defined in the tariff, therefore HTS 6210
does not apply.
The samples are being returned to you.
Although you indicated in your letter that each garment is
unisex, in a phone conversation and in a fax you submitted you
stated that each garment is cut for a man. Therefore each garment
will be classified as a man's.
The applicable subheading for style number J769 will be
6201.93.2020, Harmonized Tariff Schedule of the United States
(HTS), which provides for other men's or boys' padded, sleeveless
jackets, of man-made fibers, other. The duty rate will be 16.2
percent ad valorem.
If style numbers J733 and J770 pass the water resistance test
specified in the Harmonized Tariff Schedule of the United States
(HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading
for the garments will be 6201.93.3000, which provides for other
men's anoraks, windbreakers and similar articles of man-made
fibers, water resistant. The duty rate will be 7.4 percent ad
valorem.
If style numbers J733 and J770 do not pass the water
resistance test, then the applicable HTS subheading for the
garments will be 6201.93.3511, which provides for other men's
anoraks, windbreakers and similar articles of man-made fibers. The
duty rate will be 28.8 percent ad valorem.
The applicable subheading for style number J736 will be
6210.40.5020, Harmonized Tariff Schedule of the United States
(HTS), 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 7.4 percent ad valorem.
Style numbers J736, J733 and J770 fall within textile category
designation 634. Based upon international textile trade agreements
products of Malaysia, Sri Lanka and the Philippines are presently
subject to quota restraints and the requirement of a visa.
Style number J769 falls within textile category designation
659. Based upon international textile trade agreements products of
Malaysia and the Philippines are presently subject to quota
restraints and the requirement of a visa. Products of Sri Lanka
are not presently subject to quota but a visa is required.
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 W. Raftery at 212-466-5851.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division