CLA-2-62:RR:NC:WA:357 G88800
Ms Elizabeth Rizzo
The Donna Karan Company
600 Gotham Parkway
Carlstadt, NJ 07072
RE: The tariff classification of a man’s jacket from China
Dear Ms. Rizzo:
In your letter dated March 28, 2001, on behalf of Donna Karan New York, a division of the Donna Karan Company, you requested a classification ruling.
The sample submitted, style number K9820020, is a man’s hip-length jacket. The jacket is constructed of a shell composed of a woven 100% nylon fabric and a lining in the body composed of a knit brushed 100% polyester fleece fabric which are quilted together with a nonwoven batting insulation in between. The garment’s sleeves, which are not quilted, are lined with a woven nylon fabric and also have a nonwoven batting insulation in between. In a phone conversation you indicated that the shell fabric has a polyurethane coating for water resistance.
The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.
The jacket has a stand-up collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The jacket also features a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar, two front pockets with zipper closures at the waist and two inner pockets.
The sample is being returned to you as you have requested.
This garment is eligible for classification as water resistant. If the jacket passes 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 garment 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 7.2 percent ad valorem.
If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment 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 28.2 percent ad valorem.
The jacket falls within textile category designation 634. 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 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 W. Raftery at 212-637-7076.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division