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NY I81526




June 6, 2002

CLA-2-62:RR:NC:WA:357 I81526

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.13.4015; 6201.93.3511; 6210.40.5020

Mr. Daniel H. Wolfe
Slim Line Case Co., Inc.
P.O. Box 156
Buffalo, N.Y. 14231

RE: The tariff classification of a man’s jacket, double jacket set, reversible jacket and reversible raincoat from Korea and China

Dear Mr. Wolfe:

In your letter dated May 8, 2002, you requested a classification ruling.

Four samples of outerwear garments for safety/security personnel were submitted as follows: Style number I450N/L, “Drytex Reversible Windbreaker,” is a man’s hip-length reversible jacket. Both shells are constructed of a woven 100% nylon fabric which has a visible waterproof breathable “Drytex” membrane lamination on the inner surface.

The jacket has a fold-down pointed collar, a full front opening secured by a reversible zipper pull closure, long sleeves with a tab secured by an adjustable snap closure on the cuffs and an elasticized waistband with two reversible side seam zipper openings. One shell features shoulder epaulets, expandable armholes for easy movement, zipper openings on the lower portion of each sleeve for ventilation and two front double entry pockets at the waist that are secured by flaps with two snap closures. The contrasting color high visibility other shell has two front patch pockets at the waist, a 2-inch ribbed-knit fabric insert surrounding each armhole, a reflective strip of overlay fabric across the front and rear yokes and surrounding the upper portion of each sleeve and two side seam elasticized tabs with a snap closure at the waistband.

Style number I1019, “29” Drytex Duty Jacket,” is a man’s thigh-length jacket constructed of a shell composed of a woven three ply taslan 100% nylon fabric which has a visible waterproof breathable “Drytex” membrane lamination on the inner surface. The jacket has a woven nylon fabric lining and an additional zip-out liner composed of a woven nylon fabric that is quilted to a nonwoven “3M Thinsulate” batting insulation. The liner has two pockets with hook and loop fasteners and openings for easy access into the pockets on the inner portion of the jacket. The liner is not of the type that can be worn separately. The jacket has a stand-up collar with a reflective strip in the rear, an integral hood with a drawcord tightening, a full front opening secured by a double pull zipper closure and an overlapping flap with five snaps that covers the zipper area. The hood can be rolled up and secured within the garment’s collar by three hook and loop fasteners. The jacket has detachable shoulder epaulets, expandable armholes for easy movement, a zipper opening on the lower portion of each sleeve for ventilation, two chest pockets secured by flaps with two snaps and a hook and loop fastener, two inner pockets with snap closures, two double entry pockets below the waist that have flaps secured by two snaps and a hook and loop fastener, an additional zipper pocket inside the right double entry pocket and two side seam zipper openings secured by a tab with a snap closure at the bottom hem.

Style number I9015, “Reversible Raincoat,” is a man’s full-length reversible raincoat. Both shells are constructed of a woven 100% nylon oxford fabric which has a polyurethane coating. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The raincoat has a fold-down pointed collar, a full front opening secured by a reversible zipper pull closure and long hemmed sleeves. An overlapping flap on each shell that is secured by five snaps covers the zipper area. One shell has two slanted front pockets and two slash openings for easy access into inner garments or equipment, a free hanging rear yoke with three hook and loop fasteners and two metal grommets on the left front yoke that can be used for the attachment of a badge. The contrasting color highly visible other shell has a reflective strip of overlay fabric surrounding the center portion of each sleeve and across the front and rear panels below the yoke area, two metal grommets on the left front yoke that can be used for the attachment of a badge, a free hanging rear yoke that is secured by three hook and loop fasteners, two slanted front pockets and two slash openings for easy access into inner garments or equipment and a straight cut hemmed bottom.

Style number I2288, “Multi Climate Drytex Jacket,” is a man’s double jacket set. The two piece set consists of a hip-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges, attached together at the nape of the neck by a hook and loop fastener and snapped together 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 outer jacket is constructed of a shell composed of a woven 100% nylon fabric which has a visible waterproof breathable “Drytex” membrane lamination on the inner surface. The jacket is lined with a woven 100% nylon fabric. The jacket has an integral hood with a drawcord tightening, a fold down outer collar that is secured by two snaps, a ribbed-knit fabric neck warmer inner collar, and long sleeves that have elastic and tab with a snap closure on the cuffs. The garment’s hood can be rolled up and secured within the outer collar by a zipper closure. The jacket has a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner jacket. An overlapping flap with six snaps covers the zipper area. The jacket has an overlay of fabric on the upper portion of each sleeve, two flaps with hook and loop fasteners below the chest area, two double entry front pockets secured by flaps with hook and loop fasteners at the waist area, three inner pockets, two side seam zipper openings secured by a tab with a snap closure and an elasticized waistband. A tab with a snap closure on the inner portion of the wrist area and a half portion of a hook and loop fastener on the inner portion of the collar are used for attachment of the inner jacket.

The inner jacket is a reversible garment. Both shells are constructed of a woven 100% nylon fabric with a nonwoven polyester batting insulation in between. In a phone conversation you indicated that the jacket has no application for water resistance. The jacket has a stand-up collar and a full front opening secured by a reversible zipper pull closure that extends to the top of the collar, long sleeves with ribbed-knit fabric cuffs, two side seam zipper openings and an elasticized bottom hem. One shell has two double entry front pockets at the waist that are secured by flaps with hook and loop fasteners and a tab with two grommets on the left chest that can be used for the attachment of a badge. The other shell has two front zippered pockets at the waist, a tab with two grommets on the left chest that can be used for the attachment of a badge and two side seam tabs with a snap closure at the bottom hem. A textile loop at the wrist area and a half portion of a hook and loop fastener at the back of the collar are used for attachment to the outer jacket.

The samples are 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 style numbers I450 N/L, I1019 and the outer jacket of style number I2288 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 applicable subheading for style number I9015 will be 6201.13.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s raincoats: of man-made fibers. The duty rate will be 28.1 percent ad valorem.

The applicable subheading for the inner jacket of style number I2288 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 of man-made fibers. The duty rate will be 28.1 percent ad valorem.

We note that style number I9015 is not marked with the country of origin and that style number I450N/L and the inner jacket of style number I2288 are marked with the country of origin by means of a fabric label sewn inside one of the pockets. 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.

All of the garments fall within textile category designation 634. Based upon international textile trade agreements products of Korea and 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.

Sincerely,

Robert B. Swierupski
Director,

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