The tariff classification of a man's pullover jacket from China

NY F87094 June 14, 2000 CLA-2-62:RR:NC:WA:357 F87094 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Rita Pitts Dillard's 1600 Cantrell Road Little Rock, AR 72201 RE: The tariff classification of a man's pullover jacket from China Dear Ms. Pitts: In your letter dated May 3, 2000, you requested a classification ruling. Two samples were submitted as follows: Style number M2COW306 is a man's hip-length pullover jacket that is constructed of a woven 100% polyester fabric. In a phone conversation and in a fax submitted you indicated that the jacket has a polyurethane coating for water resistance. The garment is fully lined with a woven 100% nylon fabric. The jacket has a crossover v-neck style collar that is composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The garment has two side seam pockets at the waist and grommets under each armhole for ventilation. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. Style number M2COW306 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 7.3 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 28.4 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on style number M2COW500. Your request should identify what was used to bond the inner shell layer and the outer shell layer together. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. We are returning both samples to you. Style number M2COW306 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