The tariff classification of a man’s outerwear jacket from China

NY L85982 July 13, 2005 CLA-2-62:RR:NC:WA:357 L85982 CATEGORY: Classification TARIFF NO.: 6201.93.3000 Ms. Jeannine Greener Eddie Bauer, Inc. P.O. Box 97000 Redmond, Washington 98073-9700 RE: The tariff classification of a man’s outerwear jacket from China Dear Ms. Greener: In your letter dated June 20, 2005, you requested a classification ruling. The sample submitted, item number 001-2640, is a man’s lower hip-length blazer-style outerwear jacket constructed of a shell composed of a woven 56% nylon/44% polyester fabric that has a polyurethane coating for water resistance. The jacket is lined with a woven man-made fiber fabric and has a down fill. The content of the down fill is not sufficient for the garment to be classified as a down jacket. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a notched lapel-style collar and a full front opening secured by a left-over-right, three button closure. The jacket has long hemmed sleeves with four non-functional buttons at the wrist area, a pocket on the left chest, two front pockets below the waist, two inner pockets and a straight cut hemmed bottom. The sample is being returned to you as you have requested. With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation. Based on the test report you provided the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of 0the United States (HTS), which provides for other men’s or boys’ anoraks, windbreakers and similar articles: of man-made fibers: other: water resistant. The duty rate will be 7.1 percent ad valorem. The jacket falls within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. 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 646-733-3047. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division