The tariff classification of a man's double jacket set and aman's jacket from China

NY 893181 DECEMBER 29, 1993 CLA-2-62:S:N:N5:357 893181 CATEGORY: Classification TARIFF NO.: 6201.92.1000; 6201.92.1500; 6201.92.2051 Mr. Andrew Tischer Hudson Shipping Co., Inc. 17 Battery Place, Suite 1230 New York, N.Y. 10004 RE: The tariff classification of a man's double jacket set and a man's jacket from China Dear Mr. Tischer: In your letter dated December 14, 1993, on behalf of Willis & Geiger, you requested a classification ruling. The samples submitted are as follows: Style number SKU7710142/Multi Clime is a man's double jacket. The two-piece double jacket set consists of a thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and buttoned together at the neck and at the sleeve cuffs so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment. The outer jacket is constructed of a woven 100% cotton fabric outershell which is stated to be coated with acrylic for water resistance. The garment is lined with a woven plaid 100% cotton fabric. The jacket has a full front opening with a zipper closure as well as a secondary zipper for attaching the inner jacket. An overlapping flap with four snaps covers the zipper area. Buttons at the nape of the neck and on each sleeve cuff are also used for attaching the inner jacket. The jacket's collar has two front snap closures. An attached roll-up hood with a drawcord is secured at the back of the garment's collar by three snap tabs. There is a zippered left chest pocket and two pockets below the waist that have quadruple entries. The pockets below the waist have flaps, snaps and zipper closures. The jacket's sleeve cuffs are elasticized. There is a drawcord tightening at the bottom hem. The coating on the garment is not separately visible, therefore HTS 6210 does not apply. The inner jacket is constructed of a quilted woven 100% cotton fabric outershell, with a woven plaid 100% cotton fabric body lining and a woven nylon fabric sleeve lining. The garment has a down filler. The down fill contains 80% down and 20% waterfowl plumage and of which down comprises 35% or more by weight. The jacket has a full front opening secured by a zipper. There are self fabric loops at the nape of the neck and on the sleeve cuffs which are used for the button attachment to the outer jacket. The garment has two slash pockets at the waist and a buttoned inner pocket. Style number 8710041/Foothill is a man's jacket constructed of a woven 100% cotton fabric outershell stated to be coated with acrylic for water resistance. The garment is lined with a woven plaid 100% cotton fabric. The jacket has a full front opening secured by a zipper. There is an overlapping flap with four snaps covering the zipper area. The jacket's collar has two front snap closures. An attached roll-up hood with a drawcord is secured at the back of the collar by three snap tabs. There is a zippered left chest pocket and two pockets with quadruple entries below the waist. The pockets below the waist have flaps, snaps and zipper closures. The sleeve cuffs are elasticized. There is a drawcord tightening at the bottom hem. On the back of the jacket there is an oversized pocket secured by a flap with two snap tabs. The coating on the garment is not separately visible, therefore HTS 6210 does not apply. The samples are being returned to you. The applicable subheading for the inner jacket of style number SKU7710142/Multi Clime will be 6201.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's anoraks, windbreakers and similar articles, of cotton, 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 rate of duty will be 4.7% ad valorem. If the outer jacket of style number SKU7710142/Multi Clime and the jacket of style number 8710041/Foothill 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 6201.92.1500, which provides for other men's anoraks, windbreakers and similar articles of cotton, water resistant. The duty rate will be 6.6 percent ad valorem. If the outer jacket of style number SKU7710142/Multi Clime and the jacket of style number 8710041/Foothill does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2051, which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 10 percent ad valorem. The inner jacket of style number SKU7710142/Multi Clime falls within textile category designation 353. The outer jacket of style number SKU7710142/Multi Clime and style number 8710041/Foothill fall within textile category designation 334. 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 may be subdivided into parts. If so, 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 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 Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport