The tariff classifications of a boy’s jacket, three men’s jackets and a woman’s jacket from China; Visibly Coated

NY H80592 May 18, 2001 CLA-2-62:RR:NC:WA:357 H80592 CATEGORY: Classification TARIFF NO.: 6201. 93.3000; 6201.93.3511; 6202.93.5011; 6210.40.5020; 6101.30.2010 Mr. Bill Julich Delmar International, Inc. 147-55 175th Street Jamaica, New York 11434 RE: The tariff classifications of a boy’s jacket, three men’s jackets and a woman’s jacket from China; Visibly Coated Dear Mr. Julich: In your letter dated April 25, 2001, on behalf of Weatherbeeta USA, Inc., you requested a classification ruling. Five samples were submitted as follows: Style number CH235WB is a lower hip-length jacket. In a phone conversation you indicated that the jacket is a boys’. The jacket is constructed of a shell composed of a woven 100% polyester fabric that has a visible polyvinyl chloride coating on the inner surface. The garment is lined in the upper body with a knit brushed fleece fabric and in the lower body and sleeves with a woven man-made fiber fabric. The garment has a nonwoven batting fill. The jacket has a detachable snap-off hood with a hook and loop fastener at the chin, a stand-up collar, a full front opening that is secured by a double pull zipper closure and an overlapping flap with six snaps that covers the zipper area. The hood can be folded and stored within the garment’s collar by three snaps. The garment has free-hanging front and rear yokes that are secured to the garment by snaps, an inner drawcord tightening at the waist, two double entry front pockets below the waist that have flaps with hook and loop fasteners, an inner pocket with a zipper closure and two vents with gussets on the lower portion of the rear panel that have snap closures. The jacket has embroidery on the left panel that depicts ponies and the logo “cuddly ponies”. Each snap closure features the “Dublin” logo. Style number CH 573 is a double jacket set. In a phone conversation you indicated that the garments are men’s. The two-piece set consists of a lower hip-length outer jacket and a hip-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 of style number CH 573 is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The garment is lined with a mesh fabric in the upper body and with a woven fabric in the lower body and sleeves. The jacket has a detachable snap off hood that features a drawcord tightening and a hook and loop fastener at the chin, a stand-up collar, a full front opening that is secured by a double pull zipper closure, a secondary zipper for attaching the inner garment, and an overlapping flap with five snaps that covers the zipper area. The garment’s hood can be rolled up and stored within the collar by snap closures. The garment also has two zippered chest pockets that are covered by an overlay of fabric; an inner drawcord tightening; two front pockets with zipper closures below the waist that are covered by an overlay of fabric; a zippered inner pocket; a small inner mesh pocket that is secured by a tab with a hook and loop fastener; long hemmed sleeves with a tab secured by hook and loop fastener on the wrists; and two side seam vents with gussets at the bottom hem that are secured by snap closures. A textile tab with a snap closure on the inner portion of the wrist area is used for attaching the inner garment. The logo “Dublin” is featured on the rear portion of the collar, on a rubberized label on the lower portion of the right front pocket and on a textile label on the lower portion of the left side seam. The inner jacket of style number CH 573 is constructed of a shell composed of a knit brushed 100% polyester fleece fabric. The garment has an overlay of woven nylon fabric on the front and rear yokes, on the rear portion of the collar and along the length of each sleeve. The jacket has a stand-up collar, a full front opening that is secured by a zipper closure, a zippered left chest pocket, two zippered front pockets at the waist, long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. The jacket also has a textile loop on the inner portion of the collar and on the inner portion of each sleeve cuff. The textile loops are used to attach the garment to the outer jacket. A rubberized label with the logo “Dublin” and the words “Ride, Life Style” are on the rear yoke. A jacket and a swatch of fabric were submitted for Style number CH566WI. In a phone conversation you indicated that the jacket is a man’s. You further indicated that the jacket is a representative sample of how the jacket will be constructed and styled when it is imported into the United States. The swatch of fabric, which is composed of a woven 100% polyester fabric with a visible polyvinyl chloride coating on the inner surface, is a sample of the fabric that will be used to manufacture the jacket when it is imported into the United States. The jacket is lined with a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven batting fill. The jacket extends to the upper thigh in length and has a stand-up collar; a detachable snap-off hood with a drawcord tightening and a hook and loop fastener at the chin; a full front opening that is secured by a zipper closure with an inner storm flap on the lower portion of the front opening that is secured by three snaps; and an overlapping flap with six snaps that covers the zipper area. The hood can be rolled up and secured within the garment’s collar by three snaps. The jacket has two zippered chest pockets that are covered by an overlay of fabric; an inner drawcord tightening at the waist; two double entry front pockets with zipper closures that are covered by an overlay of fabric; an inner zippered chest pocket; long sleeves secured by a tab with a hook and loop fastener on the cuffs and two side seam vents with gussets at the bottom hem that are secured by snap closures. Each snap closure features the “Dublin” logo. Style number CH 132WI is an upper thigh-length jacket. In a phone conversation you indicated that the jacket is a man’s. The jacket is constructed of a woven 100% polyester fabric that has a polyvinyl chloride coating on the inner surface. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket is lined with a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven batting fill. The jacket features a detachable snap-off hood that has a drawcord tightening and a hook and loop fastener at the chin, a stand-up collar, a full front opening that is secured by a double pull zipper closure with an inner storm flap on the lower portion of the front opening that is secured by three snaps and an overlapping flap with seven snaps that covers the zipper area. The hood can be rolled up and stored within the garment’s collar by a tab with a hook and loop fastener. The garment has two handwarmer pockets with zipper closures that are covered by an overlay of fabric; an inner drawcord tightening at the waist; two triple entry pockets below the waist that have zipper closures covered by an overlay of fabric with a hook and loop fastener; long sleeves secured by a tab with a hook and loop fastener on the cuffs; a zippered inner pocket; a free hanging back yoke secured to the garment by a snap closure; and two rear vents with gussets at the bottom hem that have snap closures. The logo “Dublin” is featured on the rear portion of the collar, on the lower portion of the left front pocket and on each snap closure. Style number CH540WB is a hip-length jacket. In a phone conversation you indicated that the jacket is a woman’s and that the jacket does not have a coating. The jacket has a shell composed of a woven 100% polyester fabric which is quilted to a nonwoven batting fill. The garment is lined with a woven man-made fiber fabric. The jacket is slightly fitted at the waist, has a stand-up collar, a full front opening that is secured by a double pull zipper closure, two zippered front pockets at the waist and long sleeves with elasticized cuffs. The garment’s sleeves can be zipped-off at the armholes allowing the garment to be worn without the sleeves. The jacket is partially elasticized on the rear portion of the waist and has two vents below the rear waist that are secured by snap closures. The samples are being returned to you as you have requested. The applicable subheading for style number CH235WB 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 outer jacket of style CH573 and style CH132WI are eligible for classification as water resistant. If the jackets 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 each garment 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 the outer jacket of style CH573 and style CH132WI do not pass the water resistance test, then the applicable HTS subheading for each garment 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. The applicable subheading for the inner jacket of style number CH573 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS) which provides for other men’s anoraks, (including ski-jackets) windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers. The duty rate will be 28.7 percent ad valorem. When style number CH566WI is constructed of the identical woven 100% polyester fabric that you submitted, 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 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 style number CH540WB will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, (including ski-jackets), windbreakers and similar articles: of man-made fibers. The duty rate will be 28.2 percent ad valorem. Styles CH235WB, CH566WI, CH132WI and the outer and inner jackets of Style CH573 fall within textile category designation 634. Style CH540WB falls within textile category designation 635. 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