CLA-2-62:RR:NC:WA:357 K85870
Mr. Wheijen Lee
Clear Freight, Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245
RE: The tariff classification of two men’s pullover jackets and a man’s pullover shirt from China and Cambodia
Dear Mr. Lee:
In your letter dated April 30, 2004, on behalf of American Vision Corp., you requested a classification ruling.
Three samples were submitted as follows: Style number 9108 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 85% polyester/ 15% nylon fabric. The jacket is not lined. In your letter you indicate that the garment may also be constructed of a shell fabric composed of an 87% polyester/13% nylon fabric.
The jacket has a stand-up collar composed of a ribbed-knit fabric on the inner surface, a partial opening at the neck that is secured by three snaps, long sleeves with ribbed-knit fabric cuffs, two side-seam pockets at the waist and a ribbed-knit fabric waistband.
Style number 9015 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 85% polyester/15% nylon fabric. The jacket is lined with a woven 100% polyester fabric. In your letter you indicate that the garment may also be constructed of a shell fabric composed of an 87% polyester/13% nylon fabric. The jacket has a crossover v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, two front hand warmer pockets at the waist and a ribbed-knit fabric waistband.
Style number 4108 is a man’s short sleeve, pullover shirt constructed of a shell composed of a woven 85% polyester/15% nylon fabric. The garment is not lined. In your letter you indicate that the garment may also be constructed of a shell fabric composed of a woven 87% polyester/13% nylon fabric. The shirt has a stand-up collar composed of a ribbed-knit fabric on the inner surface, a partial opening at the neck that is secured by three snap closures, short hemmed sleeves, two side seam pockets at the waist and a ribbed-knit fabric waistband.
In a fax you submitted it was indicated that each jacket has a polyurethane coating. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.
The samples are being returned to you as you have requested.
Style numbers 9108 and 9015 are eligible for classification as water resistant. If the jackets pass 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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 applicable subheading for style 4108 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s shirts: of man-made fibers: other. The duty rate will be 29.1¢ /kg + 25.9 percent ad valorem.
Styles 9108 and 9015 fall within textile category designation 634. Style number 4108 falls within textile category designation 640. Based upon international textile trade agreements products of China and Cambodia 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,
National Commodity
Specialist Division