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NY C89715

July 20, 1998

CLA-2-62:RR:NC:WA:357 C89715


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

Dear Mr. Fox:

In your letter dated June 26, 1998, you requested a classification ruling.

The sample submitted, style number 33832024, is a man's thigh-
length ski-jacket. The jacket is constructed of an outershell composed of dark orange fabric inserts and black fabric inserts, both of which are 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 fabric which has a visible coating on the inner surface which you state is a milky polyurethane coating and a "Teflon" coating on the outer surface. You indicate that the black fabric portions of the garment have a clear polyurethane coating on the inner surface. The jacket is lined with a knit polyester fabric in the upper portion of the body and with a woven nylon fabric in the lower portion of the body and in the sleeves. You indicate in your letter that the jacket will also be imported under item numbers 005-8918 in regular sizes and under item number 005-8920 in tall sizes.

The jacket has a detachable hood with a drawcord tightening and a full front opening secured by a double pull zipper closure. An overlapping flap with two snaps and four "VELCRO"-type fasteners covers the zipper area. The hood is attached to the jacket by a zipper and two snaps. The garment features two vertical pockets with zipper closures on the chest, two pockets with zipper closures along the front placket, two vertical front pockets with zipper closures below the waist and a side seam zipper opening under each arm. Each pocket and the zipper opening under each arm is covered by an overlay strip of fabric. There is an inner drawcord tightening at the waist, a zippered inner pocket, three inner mesh pockets of which two are secured by "VELCRO"-type fasteners, an inner spray skirt with an elasticized waistband, tabs with "VELCRO"-type fasteners on the sleeve cuffs and a drawcord tightening through the bottom hem.

The "Eddie Bauer" trade name is featured on the rear portion of the collar, on the left chest and above the right sleeve cuff.

You also submitted fabric swatches in the colors dark orange, spruce (dark green), black and silver and sketches depicting which portions of the garment will be composed of the various fabric combinations. In your letter you indicate that the swatches represent the different color shell fabrics and coatings that will be used in the production of this garment when imported into the U.S. We cannot classify this garment if it is composed of different color shell fabrics and coating which are represented by the fabric swatches. For garments made of fabrics other than used on the sample garment, we require a made up sample of the item as it will be imported.

The sample is being returned to you.

If the jacket is imported in the same fabric combination (dark orange and black) as the sample you submitted, then 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-



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