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 I80431 - NY I80476 > NY I80473

Previous Ruling Next Ruling
NY I80473

May 10, 2002

CLA-2-:RR:NC:WA:357 I80473


TARIFF NO.: 6210.40.5020

Mr. Alfred C. Rhea, Jr.
Business Innovations
6579 Peachtree Industrial Boulevard
Norcross, Georgia 30092

RE: The tariff classification of a boy’s jacket from China

Dear Mr. Rhea:

In your letter dated March 27, 2002, received in this office April 11, 2002, you requested a classification ruling.

The sample submitted, style number YMA-1, is a boy’s hip-length reversible jacket. One shell of the jacket is constructed of a woven 100% nylon twill fabric which has a visible acrylic coating on the inner surface. The other shell is also constructed of a woven 100% nylon fabric which is not coated. The garment has a down and waterfowl plumage fill.

The jacket has a neck warmer collar composed of a ribbed-knit fabric, a full front opening secured by a double pull zipper closure, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The nylon twill fabric shell has a zippered pocket on the left sleeve and two front pockets at the waist that are secured by flaps with a one-snap closure. The other nylon fabric shell has an overlapping flap which covers the front zipper area, two slanted front pockets at the waist that are secured by a one-snap closure, a zipper opening on the left side seam and an opening on the lower portion of each sleeve approximately 4-inches above the cuff area that is secured by three buttons.

The sample is being returned to you.

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both heading 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garment, 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.

We note that this garment is not marked with the country of origin. The Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The jacket 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 646-733-3047.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: