Tariff Classification Advance Ruling
Ladies Woven outerwear padded waistcoat, A05-81962F

Applicant

Ms. Nina Zampini
Reitmans Inc.
250 Sauvé Street West
Montreal QC H3L 1Z2

Date of issuance of ruling:

This is in response to your request for an advance ruling on the tariff classification of Ladies Woven outerwear padded waistcoat, A05-81962F. This product is manufactured by/exported from Ping Hu Gepffrey Garments Ltd., Pinghu, Zhejiang, China.

TRS Number: 276171
Classification Number: 6202.93.00.34
Effective Date:

Product Description

Based on information submitted, the product is a ladies winter padded waistcoat. The outer shell is made of woven material containing 100% polyester. The inner shell is made of woven material containing 100% nylon. The garment is filled with 100% polyester fibers. It is reversible, sleeveless and features a center front zipper and zipped pockets on the inside and the outside.

Analysis and Justification

The length of the garment extends to the hips area. It is meant to be worn over all other clothing for protection against the weather. As per Explanatory Notes to heading 61.01, which apply “mutatis mutandis” to 62.02, padded waistcoats are included under heading 62.02. As per subheading Explanatory Note to chapter 62, the good at issue meets the terms of subheading 6202.93.

Decision

Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.

General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.

Garment A05-81962F is classified under tariff item 6202.93.00.34 of Customs Tariff in accordance with GIR 1 and 6.

Legislative/Administrative References

This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.

Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.

Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA’s Memorandum D11-11-3, Advance Rulings for Tariff Classification.

This advance ruling is considered "reason to believe" for the purposes of section 32.2 of the Customs Act and the CBSA’s Administrative Monetary Penalty System, described in Memorandum D22-1-1.

All D-Memoranda referenced in this letter may be accessed on the CBSA website.

Consent to the Public Release of the Advance Ruling

As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.

CBSA Contact

Mark Grant
Manager, Tariff Policy Unit 'B'
Trade Policy Division
Headquarters, Ottawa

File Number

C-2016-006770

Date modified: