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NY D82461




September 23, 1998

CLA-2-62:RR:NC:3:353 D82461

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000

Mr. Johnny Lee
BJ Customs Brokerage Co., Inc.
P.O. Box 91034
Los Angeles, CA 90009-1034

RE: The tariff classification of down jackets from China.

Dear Mr. Lee:

In your letter dated September 02, 1998, on behalf of Marshall Gobuty Intl Inc., you requested a classification ruling. Samples of the items were provided and are being returned to you at your request.

Lot No: 6981, 518-1375, 518-1391, Style MARBLE-E/6/98 is a men's 100% woven nylon fabric jacket with an bottom elastic band and removable hood. It has a full frontal opening with a zipper and a left over right snap button closure. There are two zipper chest pockets and two zipper side slash pockets. The lining is 100% woven nylon quilted fabric. The sleeves are polyester insulated and the body is filled with 35% down and 65% other waterfowl plumage.

Lot No: 6982, 518-8990, 518-9006, Style MARBLE-E/10/98 is a men's 100% woven nylon fabric jacket with a elastic waistband and removable hood. It has a full frontal opening with a zipper and a left over right snap button closure. There are one top snap chest pocket, one top zipper chest pocket, two side zipper chest pockets and two zipper side slash pockets. The lining is 100% woven nylon quilted fabric. The sleeves are polyester insulated and the body is filled with 35% down and 65% other waterfowl plumage.

The applicable subheading for the Styles MARBLE-E/6/98 and MARBLE-E/10/98 jacket will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down." The duty rate will be 4.6% ad valorem.

Styles MARBLE-E/6/98 and MARBLE-E/10/98 jackets fall within textile category designation 653. Based upon international textile trade agreements products of China are subject to quota 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.

Due to the fact that the Styles MARBLE-E/6/98 and MARBLE-E/10/98 jackets are to be filled with a blend of 35% down/65% waterfowl plumage, they are classified as down apparel. Even a slight change in the down content may result in a change in classification, as well as, visa and quota requirements. The Styles MARBLE-E/6/98 and MARBLE-E/10/98 jackets may be subject to U.S. Customs laboratory analysis at the time of importation and if the filling is other than 35%down/65% waterfowl plumage, it may be reclassified by Customs at that time.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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