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NY M81394

April 6, 2006

CLA-2-62:RR:NC:3:353 M81394


TARIFF NO.: 6211.33.0061

Mr. Nicholas D’Andrea
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a batting jacket from Vietnam.

Dear Mr. D’Andrea:

In your letter dated March 15, 2006, on behalf of Rennoc Corporation you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Style 332 Men’s Batting Jacket constructed of woven 100% polyester micro fiber fabric that is coated with acrylic that is not visible to the naked eye. The pullover windbreaker-style garment has an oversized fit, hemmed short sleeves, rounded neckline with no collar, a partial front two snap closure, underarm mesh gussets, and a hemmed rounded bottom with no tightening element.

Baseball or softball players will wear the batting jacket over their uniforms to retain body heat during batting practice or warm-up. The oversized fit, short sleeves and underarm mesh gussets allow arm mobility while throwing or batting. The short sleeves, underarm mesh gussets, rounded neckline with no collar and hemmed rounded bottom make the garment impractical for wear as protection against the elements and it would only be worn while playing baseball or softball.

The applicable subheading for the Style 332 Men’s Batting Jacket will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tack suits, ski-suits and swimwear; other garments: other garments, men’s or boys’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Style 332 Men’s Batting Jacket falls within textile category designation 659. 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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