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NY H82528

July 10, 2001

CLA-2-62:RR:NC:WA:357 H82528


TARIFF NO.: 6201.93.3511

Ms. Kathryn Smith
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man’s combination vest with a long sleeve hooded overlay from China; Composite Goods

Dear Ms. Smith:

In your letter dated June 14, 2001, you requested a classification ruling.

The sample submitted, style number 182921, Men’s Jordan Brand “Cover Formation Hoody”, is a man’s two-piece composite good. The combination article consists of an upper-thigh-length sleeveless inner vest and a chest-length long-sleeve hooded overlay which are worn together by snapping one to the other along the front edges.

The vest component of the article is constructed of a shell composed of a woven 100% polyester fabric and is lined with a knit mesh 100% polyester fabric. The vest has a stand-up collar, a full front opening that is secured by a zipper closure, oversized armholes, two zippered chest pockets, two front pockets below the waist and the “Jumpman” logo (which depicts a person holding a basketball) on the left chest. The garment has three exposed female half-portion snaps on each side of the front opening which are used for attaching the overlay component.

The overlay component of the article is constructed of a shell composed of a knit mesh 100% polyester fabric which has a visible polyurethane lamination on the outer surface. The overlay has an integral hood, long sleeves with a vented mesh opening at the wrists that are secured by a zipper closure, four grommets along each sleeve for ventilation, a patch on the left sleeve that features the “Jordon” logo and the depiction of a person holding a basketball, and a full front opening that has no means of a closure. The overlay has three male half-portion snaps on each side of the front opening which are used to attach it to the inner vest. The overlay is not designed to be worn alone.

These components are adapted one to the other and are mutually complementary. Together they form a whole which would not normally be offered for sale in separate parts. While the vest portion is complete without the overlay, the snap halves alongside the zipper differentiate it from other garments that would be sold separately. The combination of the two components results in a jacket.

The sample is being returned to you

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the overlay composed of the visibly coated knit mesh polyester fabric nor the vest composed of the woven polyester fabric provides the essential character. Therefore, classification will be as woven polyester based on the above.

The applicable subheading for the article will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers. The duty rate will be 28.2 percent ad valorem.

The article falls within textile category designation 634. Based upon international textile trade agreements products of China 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

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