United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F88148 - NY F88190 > NY F88162

Previous Ruling Next Ruling
NY F88162




July 26, 2000

CLA-2-62:RR:NC:WA:357 F88162

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1010; 6113.00.9030; 6202.93.4500; 6202.93.5011

Ms. Jonna Barr
Lane Bryant
Five Limited Parkway
Reynoldsburg, OH 43068-5300

RE: The tariff classification of five women's jackets from China and Sri Lanka

Dear Ms. Barr:

In your letter dated June 19, 2000, on behalf of Lane Bryant, a division of The Limited, Inc., you requested a classification ruling.

Five samples were submitted as follows: Style number 1109 is a woman's mid thigh-length jacket constructed of a shell that is composed of a woven 100% polyester fabric which has a polyurethane coating on the inner surface. The garment is lined in the body with a brushed knit 100% polyester fleece fabric and in the sleeves with a woven 80% polyester/20% spandex fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a detachable hood that is held to the garment by "VELCRO"-type fasteners, a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the garment's collar. The garment has long hemmed sleeves with binding at the wrists, two front pockets with zipper closures below the waist and a straight cut hemmed bottom.

Style number 1123 is a woman's mid thigh-length jacket constructed of a shell that is composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester fabric on the inner surface with a polyurethane resin in between. The garment is lined with a woven 100% nylon fabric. The jacket has a pointed collar that is secured at the neck by a tab with a snap closure and a full front opening that is secured by a zipper closure. The garment also has a detachable secondary collar that is composed of a fake fur and is held to the garment by buttons. The garment features a zippered left chest pocket, long hemmed sleeves, a self fabric belt at the waist that is secured on the two front panels by "VELCRO"-type fasteners, two front pockets below the waist and a straight cut hemmed bottom.

Style number 1105 is a woman's quilted hip-length jacket that is constructed of a shell that is composed of a knit 100% polyester fabric which has a visible polyurethane sheet on the outer surface. The polyurethane coating does not completely obscure the knit polyester fabric. The garment is lined with a woven 100% nylon fabric and has a 49% duck down clusters/ 37% waterfowl feathers/12% down and feather fiber/2% other fibers filling. The jacket has a stand-up collar, a full front opening that is secured by a zipper closure, detachable zip-off sleeves, a self-fabric tab with a "VELCRO"-type fastener at the wrists, two zippered pockets at the waist and a hemmed bottom that is cut shorter in the front and longer in the back.

Style number 1121 is a woman's coat that is constructed of a shell that is composed of a knit 100% polyester fabric which is coated on the outer surface with embossed compact polyvinyl chloride/polyurethane plastic that completely obscures the underlying knit polyester fabric. The garment is lined with a woven 100% polyester fabric. In your letter you indicate that the same garment will also be imported under style number 1141 with a different lining. The lining of style number 1121 is a solid black color and the lining of style number 1141 will be of an animal print design. The coat extends to the knee area, has a pointed collar and a full front opening that is secured by a right-over-left hidden placket closure that consists of two buttons and four snaps. The coat has long hemmed sleeves, a self-fabric tie belt at the waist that is held to the garment by two belt loops, two side seam pockets below the waist and a straight cut hemmed bottom with a back vent.

Style number 1122 is a woman's mid thigh-length jacket that is constructed of a shell that is composed of a knit 100% polyester fabric which is coated on the outer surface with embossed compact polyvinyl chloride plastic that completely obscures the underlying knit polyester fabric. The garment is lined with a woven 100% nylon fabric that is quilted in a diamond pattern to a nonwoven batting fill. The jacket has a pointed collar, long sleeves with fold over cuffs and a full front opening that is secured by a zipper closure. The outer portion of the collar and cuffs are composed of a Berber fabric. The garment has two front slash pockets below the waist and a straight cut hemmed bottom.

The samples are being returned to you.

Style numbers 1109 and 1123 are eligible for classification as water resistant. If each 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 percent ad valorem.

If each jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for style number 1105 will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: other women's or girls'. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for style numbers 1121, 1141 and 1122 will be 6113.00.1010 , Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric: coats and jackets: women's or girls'. The duty rate will be 5.3 percent ad valorem.

Style numbers 1105, 1109 and 1123 fall within textile category designation 635. Based upon international textile trade agreements products of China and Sri Lanka are presently subject to quota restraints and the requirement of a visa. Style numbers 1121, 1141 and 1122 are not presently subject to quota restraints nor 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.customs.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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: