The tariff classification of a woman’s jacket from Bangladesh

NY G85911 February 27, 2001 CLA-2-62:RR:NC:WA:357 G85911 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Ms. Dana L. Bounds Fritz Companies, Inc. 1600 Genessee, Suite 450 Kansas City, MO 64102 RE: The tariff classification of a woman’s jacket from Bangladesh Dear Ms. Bounds: In your letter dated January 30, 2001, on behalf of Design Resources, Inc., you requested a classification ruling. The sample submitted, style number 440, is a woman’s hip-length jacket constructed of a shell composed of a woven red color 100% nylon fabric which has a polyurethane coating for water resistance. The garment is lined in the body and hood with a brushed knit 100% polyester fleece fabric and in the sleeves with a woven 100% nylon fabric that is quilted to a nonwoven batting fill. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has an integral hood and a full front opening that is secured by a zipper closure. The garment has two front pockets with zipper closures at the waist, elasticized capping surrounding the garment’s hood opening, long sleeves with elasticized capping on the cuffs and elasticized capping at the bottom hem The sample is being returned to you as you have requested. In a phone conversation and in spec sheets you submitted for the garment it was indicated that the jacket would also be imported with a navy color shell fabric and a gold color shell fabric. The navy color shell fabric will have the same clear polyurethane coating as the sample garment. The gold color shell fabric will have a different coating. We cannot classify the jacket with the gold color shell fabric without the submission of a sample for our examination. This garment in red or navy 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 6202.93.4500, which provides for other women'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 6202.93.5011, which provides for other women'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 635. Based upon international textile trade agreements products of Bangladesh 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