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 > 2002 NY Rulings > NY H89509 - NY H89551 > NY H89511

Previous Ruling Next Ruling
NY H89511




April 15, 2002

CLA-2-62:RR:NC:WA:357 H89511

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

RE: The tariff classification of a man’s double jacket set from Indonesia

Dear Ms. Nichols:

In your letter dated March 12, 2002, you requested a classification ruling.

The sample submitted, style number 1200 “Pursuit Jacket”, is a man’s double jacket set. The two piece set consists of an upper thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and snapped together at the nape of the neck and at the wrist areas so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment. The garment has been designed for winter sports, primarily skiing and snowboarding.

The outer jacket is constructed of a shell composed of a woven dobby weave 100% nylon fabric which has a visible waterproof, breathable polyurethane membrane on the inner surface. In your letter you indicate that the shell fabric also has a water resistant finish applied to the outer surface. The jacket is lined with a bug screen print woven 100% nylon taffeta fabric.

The jacket has a stand-up collar composed of a brushed fleece fabric on the inner surface, a zip-off hood that has a chin guard and a drawcord tightening and can be rolled up and concealed within the garment’s collar by a zipper closure, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner jacket. An overlapping flap with four snap closures and four hook and loop fasteners covers the zipper area. The jacket features a vertical chest pocket with a zipper closure on each side of the front placket, long sleeves with a gusset at the wrist area, elastic and a tab with a hook and loop fastener on the cuffs, a zippered pocket on the right sleeve that has a flap secured by two hook and loop fasteners, underarm zipper openings for ventilation, two handwarmer pockets with zipper closures above the waist and a plastic key holder clasp on the inside of the right handwarmer pocket. The jacket also has two vertical pockets with zipper closures on the inner portion of the front placket, an inner mesh pocket, an inner drawcord tightening at the waist and a drawcord tightening at the bottom hem. Inner tabs with snap closures at the nape of the neck and at the cuffs are used for attachment of the inner jacket. The “Spyder” tradename and logo is featured on various areas of the garment.

The inner jacket is constructed of a shell composed of a woven 100% polyester taffeta fabric which is quilted in a diamond pattern to a nonwoven 160 gm “ThermaWeb”, 100% polyester batting insulation. In a phone conversation you indicated that the shell fabric has a fluorocarbon finish. The jacket is lined with a woven bug screen print 100% nylon taffeta fabric.

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

The jacket has a stand-up collar, a full front opening secured by a reversible zipper pull closure and long sleeves with elasticized cuffs. The jacket features a zippered pocket on the left chest, two side seam pockets at the waist and a straight cut hemmed bottom. The “Spyder” tradename and logo is featured on various areas of the jacket. The jacket has textile loops on the rear portion of the collar and on the cuffs that are used for attachment to the outer jacket.

The sample is being returned to you.

The applicable subheading for the outer jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The inner jacket 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 28.1 percent ad valorem.

In your letter and in a fax, you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The inner and the outer jacket fall within textile category designation 634. Based upon international textile trade agreements products of Indonesia 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: