The tariff classification of a men’s short-sleeved golf pullover from China

NY G85678 May 16, 2001 CLA-2-62:RR:NC:TA:357 G85678 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Janet M. Rogalski C.H. Powell Company 47 Harvard St. Westwood, MA 02090 RE: The tariff classification of a men’s short-sleeved golf pullover from China Dear Ms. Rogalski: In your letter dated December 27, 2000, on behalf of Erickson Outdoors, you requested a classification ruling. A sample was submitted and is being retained for official purposes. The reason for the delayed response is that the classification of merchandise of this type was under review in our Washington office. The item in question, style #27056, is a men’s short-sleeved pullover golf jacket with a half-zipper closure that extends to the top of the collar. The shell is made from a woven 100% polyester fabric, and the lining is made from a 100% nylon fabric with a polyurethane plastic water resistant lamination. The garment features an elasticized waistband, slant pockets with snaps at the waist, a zip-through, stand-up collar covered by a three-snap flap and an inner vertical pocket with a zipper in the left chest area. With your letter you provided a certification that indicates water resistance. The Customs officer at the port of entry may choose to verify this claim. We have not tested these items in the Customs laboratory; however, they are eligible for water resistant classification if they pass the test indicated in HTS Chapter 62 Additional U.S. Note 2. 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. This garment falls within textile category designation 634. Based upon international textile trade agreements products of China are subject to quota 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