The tariff classification of garments and a bag from China and Portugal

N239698 April 10, 2013 CLA-2-62:OT:RR:NC:N3:357 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6212.10.9020; 6114.30.3070; 6307.90.9889 Mr. Mike Packard Pearl Izumi USA, Inc. 1886 Prairie Way Louisville, CO 80027 RE: The tariff classification of garments and a bag from China and Portugal Dear Mr. Packard: In your letter dated March 7, 2013, you requested a tariff classification ruling. The jackets are made in China; the other items are made in Portugal. The samples are being returned as you requested. Style 12131402 – “Men’s FLY Run Jacket,” is a men’s unlined running jacket with a full front opening secured by a zipper closure that extends to the top of the collar, long sleeves, a curved bottom, elasticized binding tape at the sleeve ends and on the bottom hem, a pocket with a horizontal zipper closure in the lower back and inserts of 88% polyester/12% elastane knit fabric in the upper chest, the shoulder area and in the center back below the neck. The balance of the jacket is made from a 100% polyester woven fabric treated with a durable water repellant finish. Style 12131403 – “Men’s FLY Convertible Jacket,” is a men’s running jacket with a full front opening secured by a zipper closure that extends to the top of the collar, long sleeves, a curved bottom, elasticized binding tape at the sleeve ends and on the bottom hem and a pocket with a horizontal zipper closure in the lower back. The jacket is unlined and is made entirely from a 100% polyester woven fabric with a durable water repellant finish. The sleeves and upper back portion of this garment are connected to the body with snaps and zippers, allowing it to be removed so that the body may be worn by itself as a vest. Style 13211403 – “Women’s Pro TRI Sprint Suit,” is a women’s knit triathlon suit. The tight-fitting sleeveless bodysuit features a partial front zipper closure, oversized armholes and a padded seat area. The main body of the suit is constructed of 78% polyester and 22% elastane knit fabric. The remainder of the garment is constructed of 71% nylon and 29% elastane knit fabric. The garment is designed to be worn when competing in a triathlon, which is a combined swimming, bicycling and running event. Style 13211403 - “Women’s Pro TRI Sprint Suit Bra,” is a sports bra constructed of 78% polyester/22% elastane knit fabric. The bra features an inner lining and back constructed of 78% polyester/22% elastane knit mesh fabric, elasticized neck and arm openings and an approximately 1” elasticized bottom band. Style 13211403 is a laundry bag with a drawstring closure made from a 100% polyester mesh fabric, measuring approximately 12”x 8”. The presence of untreated inserts in exposed areas of style 12131402 – “Men’s FLY Run Jacket” results in a garment with limited water resistance. Therefore, the applicable subheading for style 12131402 – “Men’s FLY Run Jacket” will be 6201.93.3511, HTSUS, which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The rate of duty will be 27.7 percent ad valorem. Style 12131403 – “Men’s FLY Convertible Jacket,” is a composite good. The sleeve and upper back portion have no utilitarian function when not attached to the remainder of the garment. The article is therefore classifiable as a jacket. If meeting the terms specified in HTSUS Chapter 62 Additional U.S. Legal Note 2, the applicable subheading for style 12131403 – “Men’s FLY Convertible Jacket,” will be 6201.93.3000, HTSUS, which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers: water resistant. The rate of duty will be 7.1 percent ad valorem. If not meeting the terms specified in HTSUS Chapter 62 Additional U.S. Legal Note 2, the applicable subheading for style 12131403 – “Men’s FLY Convertible Jacket,” will be 6201.93.3511, HTSUS, which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The rate of duty will be 27.7 percent ad valorem. The applicable subheading for style 13211403 - “Women’s Tri Pro TRI Sprint Suit” will be 6114.30.3070, HTSUS, which provides for Other garments, knitted or crocheted, Of man-made fibers: Other: Women’s or girls’. The rate of duty will be 14.9% ad valorem. The applicable subheading for style 13211403 - “Women’s Pro TRI Sprint Suit Bra,” will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: Other: other: of man-made fibers. The rate of duty will be 16.9 percent ad valorem. The applicable subheading for style 13211403 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7 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/. 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, Thomas J. Russo Director National Commodity Specialist Division