The tariff classification of a woman’s jacket from Hong Kong

NY J88865 October 17, 2003 CLA-2-62:RR:NC:WA:357 J88865 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Mr. John Imbrogulio Nordstrom, Inc. Customs Compliance Department 1617 Sixth Ave., Suite 1000 Seattle, WA 98101-1742 RE: The tariff classification of a woman’s jacket from Hong Kong Dear Mr. Imbrogulio: In your letter dated September 19, 2003, you requested a classification ruling. The sample submitted, style number W47060DZ062, is a woman’s upper thigh-length jacket constructed of a shell composed of a woven 67% nylon/33% cotton fabric which has a polyurethane coating. The jacket is lined with a woven man-made fiber fabric. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a fold-down pointed collar and a full front opening that is secured by a right-over-left, one-button closure at the neck and four snap closures along the front placket. The jacket features long vented sleeves with a one-button closure on the vent opening and a one-button closure on the cuff, two front pockets with a zipper closure below the waist and a straight cut hemmed bottom. A label featuring the “Faconnable” tradename is located on the left front pocket. The sample is being returned to you as you have requested. This garment is eligible for classification as water resistant. If the jacket passes 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 garment will be 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem. If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.9 percent ad valorem. The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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. With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation. 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