The tariff classification of a women’s running garment from China

N096610 March 17, 2010 CLA-2-62:OT:RR:NC:TA:357 CATEGORY: Classification TARIFF NO.: 6202.93.5011 Mr. Erick Echeverria Columbia Sportswear Company 14375 Science Park Drive Portland, OR 97229 RE: The tariff classification of a women’s running garment from China Dear Mr. Echeverria: In your letter dated March 3, 2010, you requested a tariff classification ruling. The sample you submitted is being returned as you requested. The item in question, style AL7045, is a women’s upper body garment described as a “running shirt” or “lightweight running coverup.” It is a pullover garment with a ¾-zipper front closure. The front panels, the upper part of the sleeves, the upper and lower back and two vertical strips in the back are composed of a 100% nylon woven ripstop fabric, while the side panels, lower sleeves and middle back are composed of a 100% polyester knit mesh fabric. The garment has long sleeves with elastic binding at the ends, a tunneled drawstring at the bottom hem and a zippered pocket in the left chest. In your letter you suggested that this item is not properly classifiable as a jacket because the light weight of the woven fabric and the presence of the mesh portions would require another garment to be worn over it to provide protection against the elements. We note that many outerwear jackets in the market today are designed with very specific features for a particular activity. The location of the different materials on this sample is indicative of the function of those components and of the garment as a whole. The woven fabric on the front panels offers protection from a cool breeze that would cause discomfort and affect the body’s core temperature, while the location of the mesh allows evaporation of perspiration. Although this article would not protect against extreme weather or temperature conditions, its only function appears to be to block the wind while running in milder weather. In fact, we see no plausible reason to wear this item for any other purpose, nor would it be used with another garment worn over it. Instead, it functions as an outermost layer to be worn over another garment for protection against the elements. The applicable subheading for style AL7045 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The rate of duty will be 27.7 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 William Raftery at (646) 733-3047. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division