The tariff classification of a woman’s jacket and carry bag, a woman’s skirt, a woman’s pair of trousers and two woman’s vests from Bangladesh; Visibly Coated

NY G89206 May 7, 2001 CLA-2-62:RR:NC:WA:357 G898206 CATEGORY: Classification TARIFF NO.: 6210.50.5020; 6210.50.5035; 6210.50.5055 Ms. Maureen Mc Swiggan Agra-Services Brokerage Co., Inc. 221-20 147th Avenue Jamaica, New York 11413 RE: The tariff classification of a woman’s jacket and carry bag, a woman’s skirt, a woman’s pair of trousers and two woman’s vests from Bangladesh; Visibly Coated Dear Ms. Mc Swiggan: In your letter dated April 9, 2001, on behalf of High Fashion USA, you requested a classification ruling. Seven samples were submitted as follows: Style number AD5445 is a woman’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 in the body and sleeves with a woven 190T 100% nylon fabric. The jacket has a stand-up collar and a detachable snap-off hood that is secured at the chin by a hook and loop fastener. The hood can be rolled up and stored within the collar by a zipper closure. The jacket has a full front opening that is secured by a zipper closure with a hanging rubberized pull which features the “High Fashion Outerwear Limited” logo. An overlapping flap with two snap closures on the collar covers the zipper area. The garment also has two front pockets with zipper closures at the waist, long hemmed sleeves with a tab secured by a hook and loop fastener on the wrists and a straight cut hemmed bottom. An overlay strip of fabric covers each front pocket. The left front pocket has a textile loop with a hanging plastic “D” ring. Imported with the jacket is a carry bag composed of the same color and fabric construction as the jacket. The bag is rectangular in shape and measures approximately 9-1/4 inches in length and 7-1/4 inches in width and is essentially flat when empty. The bag has a sewn-on textile loop with a hanging plastic hook clip and an opening on one end that is secured by a zipper closure. When the jacket is not worn it can be folded into the bag and carried by the wearer. The Customs Service has previously ruled that similar bags imported and sold with garments of this type are composite goods with the essential character imparted by the garments. Such is the case with this combination. Consequently, the bag is not regarded as a separate item for duty or quota purposes. Style number AD 5448 is a woman’s hip-length pullover outerwear vest that is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The vest is unlined. The vest has oversized armholes; a stand-up collar that is secured at the front of the neck by a tab with a hook and loop fastener; a front opening that is secured by a zipper closure which extends approximately 3/4 down the length of the front panel, a drawcord tightening at the waist and a straight cut hemmed bottom. Style number AD 5447 is a woman’s hip-length outerwear vest that is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The vest is lined in the body with a mesh 100% polyester fabric and on the inner portion of the collar with a knit brushed 100% polyester fleece fabric. The vest has a stand-up collar; a full front opening that is secured by a zipper closure that extends to the top of the collar; oversized armholes; two front pockets at the waist and a straight cut hemmed bottom with elastic on each side. Style number H3241 is a woman’s skirt that extends to above the knee area in length. The skirt is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is unlined. The skirt has a fly front opening that is secured by a zipper closure. An overlapping flap with a tab secured by a snap closure on the front portion of the waistband covers the zipper area. The skirt features a detachable snap-off strip of fabric surrounding the inner portion of the waistband which is composed of a knit brushed 100% polyester fleece fabric; two front pocket below the waist; two pleats on the lower portion of the front panel and a straight cut hemmed bottom. Style number H3242 is a woman’s pair of trousers that is constructed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The trousers are unlined. The garment has a fly front opening that is secured by a zipper closure with a metal hook and eye fastener on the front portion of the waistband. The garment also has a drawcord tightening through the waistband, two front pockets, two rear pockets with zipper closures, an inverted pleat on the front portion of each knee and a hemmed edge at the bottom of each trouser leg. The samples are being returned to you. The applicable subheading for style number AD5445 will be 6210.50.5020, 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 women’s or girls’ 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 applicable subheading for style numbers AD5447, AD5448 and H3241 will be 6210.50.5055, 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 women’s or girls’ garments: of man-made fibers: other: other. The duty rate will be 7.2 percent ad valorem. The duty rate will be 7.2 percent ad valorem. The applicable subheading for style number H3242 will be 6210.50.5035, 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 women’s or girls’ garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem. In your letter you also requested the classification of two additional jackets style numbers AD9467 and AD5449. As per our phone conversation we are unable to classify the additional jackets because of non conformity to the requirement that ruling requests should contain a maximum of 5 items of the same class and kind in order to be accepted. Style number AD5445 falls within textile category designation 635. Style number H3242 falls within textile category designation 648. Based upon international textile trade agreements products of Bangladesh are presently subject to quota restraints and the requirement of a visa. Style numbers AD5447, AD5448 and H3241 fall within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are not presently subject to quota restraints but a visa is required. 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