The tariff classification of a man’s jacket from China; Visibly Coated

NY G88341 March 28, 2001 CLA-2-62:RR:NC:WA:357 G88341 CATEGORY: Classification TARIFF NO.: 6210.40.5020 Ms. Jeannine Greener Eddie Bauer, Inc. P.O. Box 97000 Redmond, Washington 98073-9700 RE: The tariff classification of a man’s jacket from China; Visibly Coated Dear Ms. Greener: In your letter dated March 5, 2001, you requested a classification ruling. The sample submitted, style number 001-0953, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a woven quilted man-made fiber fabric and has a down fill. In your letter you indicated that the same jacket will also be imported under style number 001-0954 in tall sizes. The jacket has an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure that extends to the chin area. An overlapping flap with five hook and loop fasteners covers the zipper area. The garment has two front pockets above the waist that have side openings secured by zippers along the front placket, two front pockets with zipper closures below the waist, a zippered inner pocket, two inner mesh pockets with hook and loop fasteners and long sleeves secured by a tab with a hook and loop fastener on the cuffs. The sample is being returned to you as you have requested. In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both heading 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210. The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s and boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem. The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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