The tariff classification of four men’s jackets and a pair of men’s trousers from Hong Kong and Bangladesh

NY I86771 October 31, 2002 CLA-2-62:RR:NC:WA:357 I86771 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010 Ms. Jennifer Scott Expeditors International of Washington, Inc. 21318 64th Avenue South Kent, WA 98032 RE: The tariff classification of four men’s jackets and a pair of men’s trousers from Hong Kong and Bangladesh Dear Ms. Scott: In your letter dated October 11, 2002, on behalf of Sanmar Corporation, you requested a classification ruling. Five samples were submitted, each of which you indicated in a phone conversation is for men’s wear. Style number JP-63 is a man’s upper thigh-length pullover jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. The jacket is lined in the body and hood with a woven cotton flannel fabric and in the sleeves with a woven nylon fabric. The jacket has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure that extends to the chin area. The jacket also features long sleeves with elasticized cuffs, a front handwarmer pocket and a zippered pouch pocket on the lower portion of the front panel, and a drawcord tightening through the bottom hem. On the inner portion of the pouch pocket there is an elasticized carry cord and two textile loops. The pouch pocket can be inverted and the jacket can be folded and stored within the pocket using the zipper closure. The wearer can then carry the jacket using the elasticized cord or textile loops. Style number JP-62 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. The jacket is lined in the body with a woven cotton flannel fabric and in the sleeves with a woven nylon fabric. The jacket has a crossover v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, two side seam pockets at the waist and a ribbed-knit fabric waistband. Style number JP-60 is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane for water resistance. The jacket is lined in the body with a woven cotton flannel fabric and in the sleeves with a woven nylon fabric, and there is an additional mesh fabric interlining in the upper portion of the front panels. The jacket also has a full front opening secured by a zipper closure that extends to the top of the stand-up collar. The garment features free-hanging front and rear yokes. The front yokes cover the mesh interlining, and three hook and loop fasteners secure the rear yoke. The jacket has long sleeves with elasticized cuffs, two front slash pockets at the waist and a drawcord tightening through the bottom hem. Style number J-722 is a man’s lower hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. The jacket is lined in the upper body with a polyester mesh fabric and in the lower body and sleeves with a woven nylon fabric. The jacket has a stand-up collar, a hood with a drawcord tightening and a full front opening secured by a zipper closure. The hood can be rolled up and stored within the collar by a hook and loop closure. The jacket also has long sleeves with two contrasting color fabric stripes along the length of each sleeve, partial elastic and a tab with a hook and loop fastener on the cuffs, two front pockets with hook and loop fasteners at the waist, an inner pocket with a hook and loop fastener and a drawcord tightening through the bottom hem. Style number P-721 is a man’s pair of trousers constructed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. The trousers are lined in the upper portion of the legs with a knit 65% polyester/35% cotton fabric and in the lower portion of the legs with a woven nylon fabric. The trousers have an elasticized waistband with an inner drawcord tightening, two front pockets and a zippered right rear pocket below the waist. The garment also features long trouser legs with two contrasting color fabric stripes along the length of each leg, “Breakaway” outerseam openings secured by snap closures and a hemmed bottom. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The samples are being returned to you as you have requested. Style numbers JP-63, JP-62, JP-60 and J-722 are eligible for classification as water resistant. If all 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 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 any of the jackets do not pass the water resistance test, then the applicable HTS subheading for the those 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 28.1 percent ad valorem. Style number P-721 is eligible for classification as water resistant. If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.2 percent ad valorem. If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 28.3 percent ad valorem. Style numbers JP-63, JP-62, JP-60 and J-722 fall within textile category designation 634. Style number P-721 falls within textile category designation 647. Based upon international textile trade agreements products of Hong Kong and Bangladesh 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 646-733-3047. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division