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 > 2004 NY Rulings > NY K83538 - NY K83592 > NY K83584

Previous Ruling Next Ruling
NY K83584

March 24, 2004
CLA-2-62:RR:NC:WA:357 K83584


TARIFF NO.: 6210.40.5020

Mr. Benjamin Vitale
ETA Import & Export, Ltd.
1 Cross Island Plaza, Suite 304
Jamaica, New York 11422

RE: The tariff classification of a man’s jacket and hat set from China

Dear Mr. Vitale:

In your letter dated February 24, 2004, on behalf of Fleet Street Ltd., you requested a classification ruling.

The sample submitted, style M9724-4, is a man’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The jacket has a 60% down/40% feather fill and is lined in the body with a brushed knit 75% polyester/25% rayon fleece fabric and in the sleeves with a woven 100% nylon fabric.

The jacket has a full front opening secured by a zipper closure, an inner storm flap and long sleeves that have partial elastic and a tab with a hook and loop fastener on the cuffs. The garment also has two front pockets with zipper closures at the waist, a zippered inner pocket, an inner pocket with a flap secured by a hook and loop fastener that is shaped to hold a cell phone, and a larger inner pocket also with a flap secured by a hook and loop fastener that is shaped to hold a CD player. The garment has a stand-up collar, an integral hood with a drawcord tightening and a drawcord tightening through the bottom hem. The hood can be rolled up and secured within the garment’s collar by a zipper closure. The inner storm flap, each zipper pull, a label at the bottom hem and the rear portion of the inner lining fabric feature the “Zero X Posur” logo.

Imported with the jacket is a one-size-fits-all “watch cap” constructed of a knit 75% polyester/25% rayon fabric. The cap fits snugly to the head and has the logo “Zero X Posur” embroidered onto the front of the cap. The cap is packed in a see- through plastic bag that has a label on the outer surface that features the words “Free Zero X Posur Knit Cap With Purchase”. The plastic bag with cap is held to the jacket by a plastic twist tie that is threaded through the opening of the zipper pull on the right front pocket.

The samples are being returned to you as you have requested.

The jacket and hat are considered to be a set. Classification is based on which article imparts the essential character to the set. In this case it is the jacket. Although the jacket and hat constitute a set, each of the articles requires a separate visa for quota purposes.

The applicable subheading for the jacket and hat set 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 7.1 percent ad valorem.

The jacket falls within textile category designation 634. The watch cap falls within textile category designation 659. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

The marking of the country of origin and fiber content by means of a sewn-in label or by a hangtag permanently affixed with a plastic anchor meets the marking requirements for the knit cap 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.

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: