The tariff classification of two men’s jackets from China

NY G87125 March 15, 2001 CLA-2-62:RR:NC:WA:357 G87125 CATEGORY: Classification TARIFF NO.: 6101.30.2010; 6201.93.3511 Ms. Karen Olberding W.J. Byrnes 14109 N.E. Airport Way Portland, Oregon 97230 RE: The tariff classification of two men’s jackets from China Dear Ms. Olberding: In your letter dated February 8, 2001, on behalf of Solstice, Inc., you requested a classification ruling. Two samples were submitted as follows: Style number M49, “Schoeller DrySkin Jacket”, is a man’s hip-length jacket. The jacket is constructed of a shell composed of contrasting color inserts of a woven 73% nylon/18% polyester/9% spandex fabric which is brushed on the inner surface. In a phone conversation you stated that the garment is not coated for water resistance. The garment is unlined. The jacket has a stand-up collar with a drawcord tightening and a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar. The garment features a zippered pocket along the left front placket, two front welt pockets with zipper closures below the chest area, a zippered inner pocket, long sleeves which have elastic and a tab with a hook and loop fastener on the cuffs and a drawcord tightening through the bottom hem. The “Solstice” logo is embroidered onto the left yoke area. Style number M51 is a man’s hip length jacket. The jacket has a shell that is composed of contrasting color knit and woven fabric inserts. The knit fabric inserts comprise over 60% of the surface area fabric and are constructed of an outer layer of 100 % polyester, finely knit, brushed pile fabric with a middle layer of a polyurethane plastic film and an inner layer of 100% percent polyester, finely knit, dropped stitch mesh fabric. The woven fabric inserts are constructed of a 73% nylon/ 18% polyester/9% spandex fabric which is brushed on the inner surface. The jacket has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar. The garment features a zippered pocket along the left placket and a zippered pocket along the right placket, two front pockets with zipper closures at the waist, a zippered inner pocket, long sleeves which have elastic and a tab with a hook and loop fastener on the cuffs and a drawcord tightening through the bottom hem. The “Solstice” logo is embroidered onto the left chest. The samples are being returned to you as you have requested. The applicable subheading for style number M49 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers. The duty rate will be 28.2 percent ad valorem. The applicable subheading for style number M51 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other men’s. The duty rate will be 28.7 percent ad valorem. Style numbers M49 and M51 fall 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