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NY C86886

June 3, 1998

CLA-2-62:RR:NC:WA:357 C86886


TARIFF NO.: 6210.40.5020

Mr. Jay Fox
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a man's ski-jacket from China; Visibly Coated

Dear Mr. Fox:

In your letter dated May 5, 1998, you requested a classification ruling.

The sample submitted, style number 33832027, is a man's upper thigh-length pullover ski-jacket. The shell of the jacket is constructed of constrasting dark orange color fabric inserts and black color fabric inserts, both of which are composed of a woven 100% nylon fabric. The majority of the garment's front panels and a large portion of the garment's back panels, sleeves and hood are composed of the dark orange color fabric which has a visible coating on the inner surface which you state is "Teflon" and a polyurethane foam coating. You indicate that the black color fabric portions of the garment have a clear polyurethane coating on the inner surface. The jacket is lined in the body with a mesh 100% polyester fabric and in the sleeves with a woven 100% nylon fabric.

You also submitted for our examination with the sample four fabric swatches. Three of the swatches are in the colors dark orange, white and royal blue and have a visible "Teflon" and a polyurethane foam coating on the inner surface. The fourth swatch in the black color has a clear polyurethane coating on the inner surface. You indicate that the swatches represent the different color shell fabrics and coatings that will be used in the production of the garment when imported into the U.S.

The jacket has a stand-up collar and a detachable zip-off hood with a drawcord tightening. The hood can be rolled up and secured at the back of the collar by a textile strap and plastic buckle. There is a partial opening at the neck which is secured by a zipper closure. A flap with three "VELCRO"-type fasteners covers the zipper area. The garment features two vertical chest pockets with zipper closures, two vertical zippered front pockets located at the waist and a zippered front pouch pocket. There is a side seam zipper opening under each arm, a tab with a "VELCRO"-type fastener on the sleeve cuffs, an inner spray skirt with an elasticized waistband and a drawcord tightening at the bottom hem. The "EBTEK Eddie Bauer" trademark is featured on the strip of overlay fabric on the front panel and on each sleeve.

The sample is being returned to you.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: of man-made fibers: other, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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. 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 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 212-466-5851.


Robert B. Swierupski

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