The tariff classification of a man’s pullover jacket and a man’s pullover vest from Malaysia

NY D86648 January 26, 1999 C.A.-2-62:RR:NC:WA:357 D86648 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0054 Ms. Donna Gurd The Hipage Company, Inc. The Hipage Building 1803 Associates Lane Charlotte, N.C. 28219 RE: The tariff classification of a man’s pullover jacket and a man’s pullover vest from Malaysia Dear Ms. Gurd: In your letter dated January 4, 1999, on behalf of Whispering Pines Sportswear, Inc., you requested a classification ruling. Two samples were submitted as follows: Item number JC-WS-2-112 is a man’s hip-length pullover jacket. The garment has an outershell fabric constructed of an arrow print pattern design which is composed of a woven 100% polyester fabric with a 600mm acrylic coating. The garment is lined with a woven 100% nylon fabric. In a phone conversation you stated that the same jacket will also be imported under item number JC-WS-3-110 with an outershell composed of a check print design. The jacket has a cross-over crew neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric sleeve cuffs and a ribbed-knit fabric waistband. The ribbed-knit fabric on the collar, cuffs and waistband is composed of a 100% polyester fabric. There are two side seam pockets at the waist and an inverted pleat in the center of the back panel. Item number JC-WV-2-113 is a man’s hip-length pullover vest. The vest has an outershell fabric constructed of an arrow print pattern design composed of a woven 100% polyester fabric which has a 600mm acrylic coating. The garment is lined with a woven 100% nylon fabric. In a phone conversation you stated that the same vest will also be imported under item number JC-WV-3-111 with an outershell composed of a check print pattern. The vest has a v-neck style collar and is sleeveless with oversized armholes. The garment’s collar, the area surrounding each armhole and the garment’s waistband are composed of a ribbed-knit 100% polyester fabric. There are two side seam pockets at the waist. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The samples are being returned to you. 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 7.4 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 28.6 percent ad valorem. The applicable subheading for the vest will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers, vests: other. The duty rate will be 16.5 percent ad valorem. The jacket falls within textile category designation 634. The vest falls within textile category designation 659. Based upon international textile trade agreements products of Malaysia are presently subject to quota restraints and the requirement of a visa. 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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. 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 212-466-5851. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division