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

NY K80629 November 26, 2003 CLA-2-61:RR:NC:TA:359 K80629 CATEGORY: Classification TARIFF NO.:6102.10.0000 Ms. Cindy Dykeman, NRA-2 NIKE WHQ One Bowerman Drive Beaverton, OR 97005 RE: The tariff classification of a woman’s jacket from Hong Kong Dear Ms. Dykeman: In your letter dated November 6, 2003 you requested a tariff classification ruling. The submitted sample, style number 295836, is a woman’s jacket that is constructed from 100% wool, knit fabric with a 100% polyester woven laminated lining . The jacket is normally worn over other garments for warmth and protection from the elements. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The jacket features a stand-up ribbed collar, long sleeves with cuffs that are partially ribbed and partially hemmed, a full front opening with a zipper closure, 2 front zippered inset pockets on the side panels in the waist area, and a ribbed bottom. The side panels and the under sleeve panels are not lined and are made from 96% polyester, 4% spandex, knit pile fabric. An “all conditions gear” label is sewn on the bottom right of the garment. A diamond shaped label is sewn on the left sleeve. The essential character is given by the wool knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted. Your sample is being returned as requested. The applicable subheading for the jacket will be 6102.10.000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats…windbreakers and similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The rate of duty will be 57.1 cents/kg plus 16.8% ad valorem. The jacket falls within textile category designation 435. Based upon international textile trade agreements products of Hong Kong are subject to quota 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.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. 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 Mike Crowley at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division