The tariff classification of wearing apparel and caps from China

N242548 June 21, 2013 CLA-2-62:OT:RR:NC:N3:357 CATEGORY: Classification TARIFF NO.: 6211.33.0061; 6201.93.3000; 6201.93.3511; 6505.00.8090 Ms. Jenette Stuart Kuehne + Nagel, Inc 10 Exchange Pl 19th Floor Jersey City, NJ 07302 RE: The tariff classification of wearing apparel and caps from China Dear Ms. Stuart: In your letter dated May 29, 2013, you requested a tariff classification ruling on behalf of inov-8 Inc. The submitted samples will be returned to you. The first sample, “Race Elite™ 275 Softshell,” is a men’s cut and sewn garment constructed from 100% nylon, woven fabric. The garment is close fitting and features a self-fabric stand-up collar; a partial front opening with a zippered closure; long, raglan sleeves with elasticized capping at the cuffs; a zippered pocket on the left chest; reflective logos on the chest pocket, below the rear neckline, on the lower sleeves, and on the lower left back panel; and a curved tail with a draw cord and cord lock at the bottom of the garment. The second sample, style “Race Elite™ 200 Thermoshell,” is a men’s jacket constructed of 100% nylon woven fabric with a DWR (durable water repellant) finish and quilted shell. The garment features a partial front opening with a zipper closure that extends to the top of the collar, long sleeves with tightening at the cuffs, a zipper pocket at the left chest, and tightening at the bottom. The third sample, style “Winter Peak™ 50 (hat),” is an unstructured running cap constructed of 100% polyester woven fabric.  The cap features a lightweight contrasting sandwich bill and a thin mesh insert on either side of the cap. The cap has a fabric hatband and an adjustable hook and loop strap at the back of the crown. The applicable subheading for “Race Elite™ 275 Softshell” will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’ : Of man-made fibers: Other. The rate of duty will be 16 percent ad valorem. The “Race Elite™ 200 Thermoshell” 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 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.If the “Race Elite™ 200 Thermoshell” 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, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem. The applicable subheading for “Winter Peak™ 50 (hat)” will be 6505.00.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Other: Not in part of braid: Other: Other: Other. The rate of duty will be 18.7 cents per kilogram plus 6.8 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 the World Wide Web at http://www.usitc.gov/tata/hts/. At this time, we are unable to issue a ruling for the “Windglove™”. We need additional information in order to issue a ruling. Please provide a sample of the “Windglove™” as you submitted the wrong glove. Also provide any marketing or advertising literature. If you decide to resubmit your request, please include all of the material that we have returned to you, and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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, Thomas J. Russo Director National Commodity Specialist Division