The tariff classification of a men’s pullover jacket and trousers from Indonesia

N039737 October 20, 2008 CLA-2-62:OT:RR:NC:TA:357 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3590; 6203.43.4010 Mr. Wil J. Gonzalez Trans-Union Customs Service, Inc. 11941 S. Prairie Ave. Hawthorne, CA 90250 RE: The tariff classification of a men’s pullover jacket and trousers from Indonesia Dear Mr. Gonzalez: In your letter dated September 17, 2008, on behalf of Fairchild Sports USA, Inc., you requested a classification ruling. Samples were submitted and are being returned as you requested. The first item, style JKTSH01FC, is a men’s unlined jacket with a shell made from a 93% polyamide/7% spandex woven fabric with a DWR (durable water repellent) finish. The fabric is lightly napped on the inner surface. The garment has a partial opening at the neck secured by a zipper that extends to the top of the collar, long, hemmed sleeves, a hemmed bottom and zippered, on-seam pockets at the waist. On the chest is printed the word “Yamaha” and a logo. The second item, style TRSP340FC, is a pair of pull-on trousers of the same construction as the jacket. The garment has hemmed legs that extend to the ankle and an elasticized waistband with a drawstring and inner cord lock. On the lower right leg is printed the word “Yamaha” and a logo. Both garments are eligible for classification in the water resistant provisions of the HTSUS. If it passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for style JKTSH01FC will be 6201.93.3000, which provides for other men's or boys’ anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem. If style JKTSH01FC does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem. If meeting the requirements of Chapter 62 U.S. Note 2, the applicable subheading for style TRSP340FC will be 6203.43.3590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.1 percent ad valorem. If not meeting the requirements of Chapter 62 U.S. Note 2, the applicable subheading for TRSP340FC will be 6203.43.4010, which provides for other men’s trousers and breeches of synthetic fibers. The duty rate will be 27.9 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The jacket and trousers fall within textile categories 634 and 647, respectively. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 William Raftery at (646) 733-3047. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division