April 2018 Customs Broker License Exam Question 38 – Classification

April 2018 Customs Broker License Exam Question 38 – Classification

The description tells us that the items are a pair of boys 100% polyester trousers. Polyester is a synthetic fiber. It further provides us the following characteristics of the garment:

• water resistant within the meaning of Additional U.S. Note 2 to Chapter 62,
• critically sealed seams,
• hook and loop cargo pockets,
• outer leg vents,
• articulated knees,
• hidden elastic leg sleeve,
• and a weatherproof front zipper closure

The answer choices require us to compare entries within the same chapter sub heading 6203.43.

Additional U.S. Notes 2 and 3 are relevant for this classification.

2. For the purposes of subheadings 6201.92.17, 6201.92.35, 6201.93.47, 6201.93.60, 6202.92.05, 6202.92.30, 6202.93.07, 6202.93.48, 6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15, the term “water resistant” means that garments classifiable in those subheadings must have a water resistance (see current version of ASTM D7017) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. This water resistance must be the result of a rubber or plastics application to the outer shell, lining or inner lining.

Here, we are told that the item is water resistant within the meaning of this note.

3. (a) When used in a subheading of this chapter or immediate superior text thereto, the term ‘recreational performance outerwear’ means trousers (including, but not limited to, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls, bib and brace overalls, jackets (including, but not limited to, full zip jackets, ski jackets and ski jackets intended for sale as parts of ski-suits), windbreakers and similar articles (including padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the meaning of additional U.S. note 2 to this chapter or treated with plastics, or both; with critically sealed seams, and with 5 or more of the following features (as further provided herein):
(i) insulated for cold weather protection;
(ii) pockets, at least one of which has a zippered, hook and loop, or other type of closure;
(iii) elastic, draw cord or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets;
(iv) venting, not including grommet(s);
(v) articulated elbows or knees;
(vi) reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles or cuffs;
(vii) weatherproof closure at the waist or front;
(viii) multi-adjustable hood or adjustable collar;
(ix) adjustable powder skirt, inner protective skirt or adjustable inner protective cuff at sleeve hem;
(x) construction at the arm gusset that utilizes fabric, design or patterning to allow radial arm movement; or
(xi) odor control technology
The term ‘recreational performance outerwear’ does not include occupational outerwear.

Here, we are told that the items have critically sealed seams, hook and loop cargo pockets, outer leg vents, articulated knees, hidden elastic leg sleeve, and a weatherproof front zipper closure. So, it has critically sealed seams plus five of the listed features to qualify as ‘recreational performance outerwear.’

Therefore, the item is water resistant, it qualifies as recreational performance outerwear, and it is not occupational outerwear. Armed with this understanding we can review the tariff entries.

A. 6203.43.0920
B. 6203.43.1110
C. 6203.43.1190
D. 6203.43.7510
E. 6203.43.7590

Chapter sub-heading 6203.43 includes boy’s trousers of synthetic fiber.

6203.43.09 classifies recreational performance outerwear of synthetic fiber containing 36 percent or more by weight of wool or fine animal hair. Since this item is 100% polyester and does not contain wool or fine animal hair, answer choice A. 6203.43.09 can be eliminated from consideration.

6203.43.11 classifies other water-resistant trousers which are recreational performance outerwear of synthetic fiber. This appears to meet most of the criteria.
6203.43.1110 includes ski and snowboard pants. Since the items here are not ski and snow board pants, this answer choice B can also be deleted from consideration.
6203.43.1190 includes Other which means it includes all water-resistant trousers which are recreational performance outerwear of synthetic fiber, other than ski and snowboard pants. This appears to meet all our criteria.

If you look at the indenting of the article descriptions, you will see that 6203.43.09 to 6203.43.13 includes recreational performance outerwear, and 6203.43.45 includes Others, which means other than recreational performance outerwear.

6203.43.75 includes Other water resistant trousers.
As here the items meet the definition of recreational performance outerwear, we can eliminate answer choices D. 6203.43.7510 and E. 6203.43.7590.

Therefore, by a process of elimination, the correct answer choice is C. 6203.43.1190.