The tariff classification of a man’s pullover jacket from Korea

NY G86688 February 20, 2001 CLA-2-62:RR:NC:WA:357 G86688 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Laura Denny CBT International, Inc. 110 West Ocean Blvd. Suite 728 Long Beach, California 90802 RE: The tariff classification of a man’s pullover jacket from Korea Dear Ms. Denny: In your letter dated January 23, 2000, on behalf of Nike Team Sports, Inc., you requested a classification ruling. The sample submitted, style NKUW + “Team Name”, is a man’s pullover jacket constructed of a shell composed of a woven 100% polyester fabric. In a phone conversation you stated that the jacket has a Teflon coating for water resistance. The jacket is partially lined with a knit polyester mesh fabric. The coating on the jacket is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket features a stand-up collar, a partial opening at the neck that is secured by a zipper closure, long sleeves with elasticized cuffs and two front handwarmer pockets on the lower portion of the front panel. The garment has two side seam zipper openings, a round cut bottom hem and a free-hanging back yoke. The two side seam openings and the free-hanging back yoke cover a partial mesh lining. The garment has a reflective strip on each shoulder that extends along the length of the sleeves. The left shoulder features the “Nike” design logo and the word “racing”. The right sleeve has an embroidered emblem that features the number “45”. The garment’s front panel features the “Nike” design logo and the word “Sprint”. The back panel has an embroidered patch that features the “Petty Enterprises” logo. The sample is being returned to you as you have requested. This garment 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 7.2 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. The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea 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