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NY K86146




June 10, 2004
CLA-2-62:RR:NC:WA:357 K86146

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tricia Richter
Encore Forwarding, Inc.
One Cross Island Plaza, Suite 229A
Rosedale, New York 11422

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

Dear Ms. Richter:

In your letters dated March 15, and April 21, 2004, on behalf of Mornington Corp., you requested a classification ruling.

The sample submitted, style number ST700E, is a man’s jacket constructed of a woven 100% nylon fabric which has a polyurethane coating. The garment is lined with a woven 100% nylon fabric. The jacket has an additional zip-out liner that is composed of a shell and lining of a woven 100% polyester fabric which are quilted together in a diamond pattern to a nonwoven polyester batting fill. The liner has tabs with snap closures at the wrist area and at the nape of the neck that are used to attach it to the jacket. Although the liner is removable, it is not constructed in a manner that would make it suitable for separate wear. Therefore, the jacket and liner will be treated as composite goods.

Although you suggested that the jacket should be classified under HTS 6210.40.5020, the coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure as well as a secondary zipper for attaching the inner liner. The jacket has two grommets on the left chest that can be used to attach a security badge or identification, two chest pockets secured by flaps with hook and loop fasteners, two slanted front pockets with zipper closures at the waist and two inner pockets. The jacket also has a fold-down collar, epaulets secured by a snap closure, long sleeves with grommets under the armholes for ventilation, a patch featuring the “Securitas” tradename and logo on the left sleeve, a tab secured by a snap closure on the cuffs and an elasticized rear waistband. The “Securitas” tradename and logo is also featured on each snap and on the front zipper pull.

This garment 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 or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 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 27.7 percent ad valorem.

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 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.

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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