Classification of certain men's jackets; Reconsideration of NYRL 848629 of February 8, 1990

HQ 087378 September 18, 1990 CLA-2 CO:R:C:G 087378 CMR 852789 CATEGORY: Classification TARIFF NO.: 6201.93.3000, 6201.93.3510 Mr. Basil Lindsay RRF Industries, Inc. 34 West 33rd St. New York, New York 10001 RE: Classification of certain men's jackets; Reconsideration of NYRL 848629 of February 8, 1990 Dear Mr. Lindsay: This ruling is in response to your letter of April 9, 1990, informing the Area Director of Customs that an error was made in stating the fiber content of the outershell material of the garments submitted by you for classification in NYRL 848629. FACTS: Three jackets from Korea were classified in NYRL 848629 of February 8, 1990, in subheading 6201.91.2010, HTSUSA. This subheading provides for other men's anoraks, windbreakers and similar articles of wool. Two of the jackets were incorrectly classified due to an error in the submission requesting the ruling. You incorrectly stated the woven outershells of the garments were in chief weight wool instead of in chief weight man-made fibers. Additionally, an error was made in designating one of the jackets as style 6091. It is actually style 6071. ISSUE: Should NYRL 848629 be modified? LAW AND ANALYSIS: NYRL 848629 based its classification of the garments at issue on erroneous information as to the fiber content of the outershell fabrics. Now that this error has been brought to Customs attention, we will issue a new ruling on the classification of the two jackets at issue to reflect the correct -2- fiber content. We will not modify NYRL 848629 as the ruling is correct based on the information submitted at the time of the request. HOLDING: Based on the information provided to Customs regarding the fiber content of the outershells of styles 6061 and 6071, the garments at issue are classified as follows. If meeting the water resistance requirements of U.S. Note 2, Chapter 62, the garments are classifiable in subheading 6201.93.3000, HTSUSA, textile category 634, dutiable at 7.6 percent ad valorem, under the provision for other men's or boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. If the garments fail to meet the requirements of U.S. Note 2, Chapter 62, they are classifiable in 6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent ad valorem, under the provision for other men's anoraks, windbreakers and similar articles of man-made fibers. The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since 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 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 updated weekly and is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division