The tariff classification of a woman’s jacket from China; Visibly Coated

NY K85239 June 15, 2004 CLA-2-62:RR:NC:WA:359 K85239 CATEGORY: Classification TARIFF NO.: 6210.50.5020 Mr. Patrick Pascarella Viking Sea/Air Freight, Inc. 486 Sunrise Highway Rockville Center, N.Y. 11570 RE: The tariff classification of a woman’s jacket from China; Visibly Coated Dear Mr. Pascarella: In your letter dated May 12, 2004, on behalf of Presidio International, Inc., you requested a classification ruling. The sample submitted, style number L5K282, is a woman’s hip-length jacket constructed of a shell composed of a woven 65% polyester/35% cotton fabric which has a visible polyurethane coating on the outer surface. In your letter you indicated that the 65% polyester/35% cotton shell was constructed of a knit fabric; however, we have determined that it is woven. The garment is lined in the body and sleeves with a woven fabric. The coating does not completely obscure the underlying polyester/cotton fabric. The jacket is fitted at the waist and has a full front opening secured by a double pull zipper closure, long vented sleeves with a snap closure on the cuffs and grommets near the front portion of the armholes and on the rear yoke area for ventilation. The garment has two front pockets on the lower portion of the front panels, a stand-up collar, two mesh fabric overlays on the upper portion of the rear panel and a hemmed bottom. The snaps on the cuffs feature the “Armani Exchange” tradename. The applicable subheading for the jacket will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem. The jacket 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 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. 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