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NY D82409

October 16, 1998

CLA-2-62:RR:NC:WA:357 D82409


TARIFF NO.: 6210.50.5020

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

RE: The tariff classification of a women's jacket from Hong Kong

Dear Mr. Fox:

In your letter dated September 22, 1998, you requested a classification ruling.

The sample submitted, style number 31925001 "Women's Systems Weatheredge Parka", is a woman's jacket constructed of an outershell of contrasting color fabric inserts. The portion of the garment that is composed of the bright color fabric inserts are of a woven 100% nylon fabric and the portion that is composed of the black color fabric inserts are of a woven 74% nylon/ 26% polyester fabric. The shell fabric has a visible polyurethane coating on the inner surface. The garment is lined in the upper body with a 100% polyester mesh fabric and in the lower body and sleeves with a woven man-made fabric. The garment will also be imported under item numbers 005-0457 in petite sizes, 005-0458 in regular sizes and 005-0471 in tall sizes.

The jacket has a detachable zip-off hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with three snaps and three "VELCRO"-type fasteners covers the zipper area. There are two zippered handwarmer pockets above the waist, an inner drawcord tightening at the waist, two zippered front pockets below the waist, a drawcord tightening at the bottom hem and partial elastic and a tab with a "VELCRO"-type fastener on each sleeve cuff. The "Eddie Bauer" logo is embroidered onto the left yoke and onto the lower portion of the left sleeve.

The jacket also has a secondary inner zipper on each side of the garment's front opening and a tab with a snap closure on the inner portion at the nape of the neck and on the inner portion of each sleeve cuff. The secondary inner zippers and the snap tabs can be used to attach an additional inner garment or liner. In a fax you submitted you stated that the liner would normally consist of a fleece vest or jacket which is produced domestically. You further stated that the liner will not be imported with the garment and that the consumer has the option of purchasing the jacket with or without the liner which will be sold separately.

The sample is being returned to you.

The applicable subheading for the jacket will be 6210.50.5020, 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 woman's or girl' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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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