The tariff classification of two men’s jackets and a man’s vest from Thailand and Macau

NY G88097 March 28, 2001 CLA-2-62:RR:NC:WA:357 G88097 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0054 Mr. R.I. Hasson Alba Wheels Up Int’l, Inc. 150-30 132nd Avenue Suite 208 Jamaica, N.Y. 11434 RE: The tariff classification of two men’s jackets and a man’s vest from Thailand and Macau Dear Mr. Hasson: In your letter dated March 6, 2001, on behalf of Eastern Pacific Apparel, Inc., you requested a classification ruling. Three samples were submitted as follows: Style number 62300 is a man’s hip-length jacket constructed of a shell composed of a contrasting color woven 100% polyester fabric which has a polyurethane coating. The jacket is lined with a polyester mesh fabric. 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 two front pockets with zipper closures at the waist, long sleeves with elastic and a tab with a hook and loop fastener on the cuffs and an elasticized waistband. The logo “PGA Tour” and a small embroidered emblem depicting the American flag are on the left chest. Style number 60110 is a man’s hip-length pullover jacket. The jacket is constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating. The jacket is lined with a polyester mesh fabric. The jacket has a cross-over, v-neck style collar, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The garment also has two side seam pockets at the waist. Style number 61301 is a man’s hip-length outerwear vest. The vest is constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating. The vest is lined with a polyester mesh fabric. The vest has a stand-up collar, a partial opening at the neck that is secured by a zipper closure that extends to the top of the garment’s collar, oversized armholes and an elasticized waistband. The logo “PGA Tour” and a small embroidered emblem depicting the American flag are on the left chest. The “PGA Tour” logo is also embroidered onto the rear portion of the collar. The polyurethane coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. If style numbers 62300 and 60110 pass 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 garments 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 7.2 percent ad valorem. If style numbers 62300 and 60110 do not pass the water resistance test, then the applicable HTS subheading for the garments 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 28.2 percent ad valorem. With your letter you submitted a test report from an independent laboratory certifying that the garments 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. 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 16.3 percent ad valorem. Style numbers 62300 and 60110 fall within textile category designation 634. Based upon international textile trade agreements products of Thailand and Macau are presently subject to quota restraints and the requirement of a visa. Style number 61301 falls within textile category designation 659. Based upon international textile trade agreements products of Thailand 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