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 > 2005 NY Rulings > NY L83788 - NY L83840 > NY L83803

Previous Ruling Next Ruling
NY L83803

April 25, 2005

CLA-2-62:RR:NC:N3:357 L83803


TARIFF NO.: 6210.40.9025; 4202.92.1500

Ms. Sara DeFilippi
Burton Snowboard Co.
80 Industrial Parkway
Burlington, VT 05401

RE: The tariff classification of jackets with a garment bag from China

Dear Ms. DeFilippi:

In your letter dated April 5, 2005, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The merchandise in question consists of a “Woolie Jacket,” style B62841, a double jacket set, and a garment bag.

According to the fiber content label the outer jacket of style B62841 consists of 56% wool/44% nylon. Rather than a fabric blend, however, it appears that this breakdown refers to the two fabrics that comprise the shell, both of which are bonded to a knit inner fabric, through which a plastics application is visible. The upper portion of the body in front and back, the sleeves and the hood are made from one fabric, presumably the nylon, while the lower body in front and back and patch pockets in the front are made from the other fabric, presumably the wool. This jacket has a full front opening with a zipper closure covered by a storm flap with buckle closures, long sleeves with an adjustable snap tab at the end, patch pockets with zipper closures covered by a flap and venting zippers under each arm.

The inner jacket of style B62841 may be worn in the manner of a liner or as a separate jacket. It attaches to the outer jacket with snaps that serve as a front closure when it is worn by itself. This item has a full front opening with six snap closures, a rib knit collar and an inner pocket. The shell is made from a woven nylon fabric diamond-quilted to a down filling.

You stated that the garments will be imported on hangers inside a garment bag that will be sold with the garments. The bag submitted is made from a 62% cotton/38% polyester brushed woven fabric and will have a Burton logo embossed on it. It is approximately 43” long and has a front zipper closure, as well as an outer zipper allowing it to be folded in half for traveling. It also has side gussets, a slot at the top to secure the garment hanger and a carry handle.

You suggested that the garment bag and garments should be considered composite goods, and you cited rulings in support of this position. A review of those rulings, one of which dealt with a shirt and a bag, the other with footwear and a bag, indicates that the bags in those rulings are distinguishable from the present item, which, while it may be sold with apparel in it, is not adapted to use with this garment and is fully suitable for separate, long-term use with other garments.

The applicable subheading for the outer jacket of style B62841 will be 6210.40.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other anoraks (including ski-jackets), windbreakers and similar articles made up of fabric of heading 5602, 5603, 5903, 5906 or 5907, other than of man-made fibers. The duty rate will be 6.2 percent ad valorem.

The applicable subheading for the garment bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel sports and similar bags, with outer surface of textile materials, of cotton, not of a pile or tufted construction. The duty rate will be 6.3 percent ad valorem

We are unable to rule on the classification of the inner jacket of this style because we need a weight breakdown indicating the weights of the entire garment and the down filling, which in turn should be broken down by down, waterfowl plumage, stems and plumules.

The outer jacket of style B62841 falls within textile category designation 334; the garment bag falls within textile category designation 369. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 William Raftery at 646-733-3047.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: