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 > 2001 NY Rulings > NY H81119 - NY H81208 > NY H81160

Previous Ruling Next Ruling
NY H81160

June 5, 2001

CLA-2-62:RR:NC:WA:357 H81160


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Andrew S. Harris
Nissin Customs Service, Inc.
172-47 Baisley Boulevard
Jamaica, New York 11434

RE: The tariff classification of a man’s packable windbreaker-type jacket from Bangladesh

Dear Me. Harris:

In your letter dated May 9, 2001, on behalf of Nissho Iwai America, Inc., you requested a classification ruling.

The sample submitted, style number 707, is a man’s hip-length windbreaker-type jacket that is constructed of a shell composed of a woven 100% nylon fabric. In a phone conversation you indicated that the garment has a polyurethane coating. The garment is lined in the upper portion of the rear panel with a mesh fabric.

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

The jacket has a stand-up collar, an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure. The hood can be rolled up and concealed within the collar by a hook and loop fastener. The jacket features two front pockets at the waist, a drawcord tightening through the bottom hem, a free hanging rear yoke and a pocket on the lower portion of the rear panel that has a hook and loop fastener and a double pull zipper closure. When the jacket is not worn the pocket can be inverted and the jacket can be folded and stored within the pocket and secured by the zipper closure. This allows the wearer to pack and carry the jacket. When the pocket is inverted a sewn-on label with the size of the garment and the logo “Jak Pac” is revealed.

The sample is being returned to you.

This garment 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 7.2 percent ad valorem.

If the jacket 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 28.2 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Bangladesh 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 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.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: