CLA-2-62:S:N:N5:357 804078
Ms. Regina Bernard
Reebok International Ltd.
100 Technology Center Drive
Stoughton, MA 02072
RE: The tariff classification of a man's pullover jacket from Hong
Kong
Dear Ms. Bernard:
In your letters dated October 13, 1994 and November 4, 1994,
you requested a classification ruling.
The sample submitted, style number RO85-101 Surazo Wind Shell,
is a pullover jacket. The gender of the garment is a man's jacket
based on a telephone conversation with you. The jacket is
constructed of a woven 100% nylon fabric which is stated to have a
"Durepel" finish rendering the garment water resistant. The
garment has a 100% polyester fabric mesh lining.
The coating is not "visible," as that term is defined in the
tariff, therefore HTS 6210 does not apply.
The jacket has a partial front opening at the neck secured by
a zipper. An overlapping flap with five snap closures covers the
zipper area. The jacket features a roll-up hood with a drawcord
fastener that can be concealed within the garment's collar by four
snaps, elasticized sleeve cuffs with adjustable "VELCRO"-type
fasteners, a right side seam zipper opening for easy access and a
bottom hem with a shirt-tail back and an elasticized drawcord. The
garment has a double entry pouch pocket. The pocket has a top
zipper which is covered by a flap with snaps and two side zippers.
The sample is being returned to you as you have requested.
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 anoraks,
windbreakers and similar articles of man-made fibers, water
resistant. The duty rate will be 7.6 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 29.5 percent ad
valorem.
The jacket falls within textile category designation 634.
Based upon international textile trade agreements products of Hong
Kong are not presently subject to quota restraints but a visa is
required.
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. Since part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes, to obtain
the most current information available, we suggest that you check,
close to the time of shipment, the Status Report on Current Import
Quotas (Restraint Levels), an internal issuance of the U.S. Customs
Service, which is available for inspection at your local Customs
office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport