The tariff classification of three men’s jackets, a man’s double jacket set and a woman’s jacket from Sri Lanka and China

NY H80000 May 9, 2001 CLA-2-62:RR:NC:WA:357 H80000 CATEGORY: Classification TARIFF NO.: 6101.30.2010; 6102.30.2010; 6210.40.5020 Mr. Stanley Leszczak Meridian Customs Brokers, Inc. 175-01 Rockaway Blvd., Suite 209A Jamaica, New York 11434 RE: The tariff classification of three men’s jackets, a man’s double jacket set and a woman’s jacket from Sri Lanka and China Dear Mr. Leszczak: In your letter dated April 12, 2001, on behalf of Trespass U.S.A., Inc., you requested a classification ruling. Five samples were submitted as follows: Style name “Buster” is a man’s upper thigh-length jacket constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the body and sleeves with a mesh 100% nylon fabric. The jacket has an integral hood with a drawcord tightening; a stand-up collar; a full front opening that is secured by a zipper closure; and an overlapping flap with six hook and loop fasteners that covers the zipper area. The hood can be rolled up and secured within the collar by two hook and loop fasteners. The garment also features two front zippered pockets at the waist that are covered by an overlay of fabric; an inner pocket with a hook and loop fastener; long sleeves that have elastic and a tab with a hook and loop fastener on the cuffs; and a drawcord tightening through the bottom hem. The tradename “Trespass” is embroidered onto the inner portion of the front placket. The tradename “Trespass” and the logo “Tres-Tex” are embroidered onto the left chest. A textile label with the “Tres-Tex” logo is located on the lower portion of the right side seam. Style name “Bone” is a man’s upper thigh-length jacket that 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 lined in the upper body with a knit brushed 100% polyester fleece fabric and in the lower body and sleeves with a woven 100% nylon fabric. The garment has a nonwoven polyester batting insulation. The jacket features a detachable zip-off hood that has a drawcord tightening, a storm flap that is secured at the chin by two snaps and a tab with a hook and loop fastener on the rear portion of the hood. The jacket has a stand-up collar; a full front opening that is secured by a zipper closure that extends to the top of the collar; an overlapping flap with four hook and loop fasteners that covers the zipper area; two zippered front pockets at the waist that are covered by an overlay of fabric; and an inner pocket that is secured by a hook and loop fastener. The jacket also has long hemmed sleeves with a tab secured by a hook and loop fastener at the wrists; inner ribbed-knit fabric cuffs; a drawcord tightening through the bottom hem and an inner powder “snow skirt” on the lower portion of the lining. The “snow skirt” has elastic tightening and is secured around the lower portion of the body by a flap with two snaps. The tradename “Trespass” is embroidered onto the inner portion of the front placket and onto the left chest. Style name “Mallow” is a man’s upper thigh-length jacket that 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 lined in the upper body with a quilted 100% polyester fleece fabric and in the lower body and sleeves with a woven 100% nylon fabric. The jacket has a nonwoven polyester batting insulation. The jacket features a detachable zip-off hood that has a drawcord tightening, a storm flap that is secured at the chin by two hook and loop fasteners and a tab with a hook and loop fastener on the rear portion of the hood. The garment has a stand-up collar with a drawcord tightening at the neck; a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar; and an overlapping flap with four hook and loop fasteners that covers the zipper area. The garment also has two zippered front pockets at the waist that are covered by an overlay of fabric; an inner pocket with a flap secured by a hook and loop fastener; an inner mesh pocket; and long sleeves that have elastic and a tab secured by a hook and loop fastener on the cuffs. The jacket has an inner powder “snow skirt” on the lower portion of the lining. The “snow-skirt” has elastic tightening and is secured around the lower portion of the body by a flap with two snaps. A plastic label with the tradename “Trespass” is located on the left front panel at the waist area. A plastic label with the logo “Tres-Tex” is on the lower portion of the right front panel. Style name “Durable” is a man’s double jacket set. The two piece set consists of an upper thigh-length outer jacket and an upper thigh-length inner jacket that can be zippered together along the front edges and snapped together at the nape of the neck and at the wrists so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment. The outer jacket is constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the inner surface. The garment is lined in the upper body with a mesh fabric and in the lower body with a 5-inch strip of woven fabric. Both the mesh lining and the woven lining are composed of a 100% nylon fabric. The sleeves and hood are lined with a woven fabric. The jacket features an integral hood that has a drawcord tightening and a tab secured by a hook and loop fastener in the rear. The jacket has a full front opening that is secured by a double pull zipper closure; a secondary zipper for attaching the inner jacket; and an overlapping flap with five hook and loop fasteners that covers the zipper area. The jacket also has two zippered chest pockets, two zippered front pockets at the waist, two zipper opening under each armhole for ventilation; a drawcord tightening through the bottom hem; and long sleeves that have elastic and a tab with a hook and loop fastener on the cuffs. Each zipper is covered by an overlay of fabric. A tab with a snap closure on the inner portion of the collar and a tab with a snap closure on the inner portion of each cuff are used to attach the garment to the inner jacket. The tradename “Trespass” is embroidered onto the inner portion of the front placket. A plastic label with the logo “Tres-Tex” is on the lower portion of the right front panel. The inner jacket is constructed of a shell composed of a 100% polyester finely knit fabric which is napped on the inside and outside surfaces. The jacket has a stand-up collar; a full front opening that is secured by a reversible zipper pull closure that extends to the top of the collar; two front pockets with zipper closures at the waist; long sleeves with banded cuffs; and a drawcord tightening through the bottom hem. Elastic loops on the outer portion of each cuff and an elastic loop on the rear portion of the collar are used to attach the garment to the outer jacket. The tradename “Trespass” is embroidered onto the left chest. Style name “Global” is a woman’s jacket constructed from a 100% polyester heavy weight fleece knit fabric. The jacket features a stand-up collar; long sleeves with banded cuffs; a full front opening that is secured by a zipper closure; two zippered front kangaroo-style pockets at the waist area; and an elasticized drawcord tightening through the bottom hem. The tradename “Trespass” is embroidered onto the left chest. The jacket has an elasticized loop on the lower portion of each sleeve that can be used to attach it to another garment. The samples are being returned to you. The applicable subheading for styles Buster, Bone, Mallow and the outer jacket of style name Durable 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 or 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 applicable subheading for the inner jacket of style name Durable will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other men’s. The duty rate will be 28.7 percent ad valorem. The applicable subheading for style Global, will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of man-made fibers: other women’s. The duty rate will be 28.7 percent ad valorem. Style names Buster, Bone, Mallow and the outer and inner jacket of style name Durable fall 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. Style name Global falls within textile category designation 635. Based upon international textile trade agreements products of Sri Lanka 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