The tariff classification of a man's jacket from China

NY C83228 January 29, 1998 CLA-2-62:RR:NC:WA:357 C83228 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Julie M. Dausman Ex Officio, Inc. 1419 Elliott Avenue West Seattle, Washington 98119 RE: The tariff classification of a man's jacket from China Dear Ms. Dausman: In your letter dated January 9, 1998, you requested a classification ruling. The sample submitted, style number 4663 "Quadlite Shirtjack", is a man's jacket constructed of an outershell composed of a woven 100% nylon fabric which is quilted in a diamond pattern to a non-woven 100% polyester batting. You state that the garment has a 600mm polyurethane coating on the inner surface rendering it water resistant. The garment is lined with a woven 100% nylon fabric. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a pointed collar and a full front opening secured by eight left-over-right snap closures. There are two chest pockets secured by flaps with "VELCRO"-type fasteners, two side seam pockets at the waist, an inner pocket, and long sleeves with snap closures on the sleeve cuffs. The garment has a straight bottom hem which is slightly shorter in the front and features a vent on each side. The sample is being returned to you as you have requested. 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 7.4 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 28.8 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 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