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April 19, 1999

CLA-2-62:RR:NC:3:353 D89536


TARIFF NO.: 6202.13.1000

Ms. Margaret R. Polito
Neville, Peterson & Williams
80 Broad Street - 34th Floor
New York, NY 10004

RE: The tariff classification of down coats from China.

Dear Ms. Polito:

In your letter dated March 17, 1999, on behalf of Fieldstone Clothes, Inc., you requested a classification ruling. The samples submitted for examination by Customs will be returned to you.

The three garments are all Style Number 79361. They have slight variations and are assigned substyle numbers Sample A, B and C.

Samples A, B and C are girls’ coats with an outer shell of woven 100% man-made fiber fabric and a 100% nylon fabric lining. The coats are filled with a mixture of a down, waterfowl plumage and polyester fiber fill. They extend to the thigh and feature long sleeves, a hood, two front pockets, and a full front opening that is secured by a right over left four button closure. There is faux fur trim around the hood and front opening.

Based on the stated weights of the components, Sample A is 21% down and waterfowl plumage by weight, of which down comprises 69% by weight. Sample B is 20.7% down and waterfowl plumage by weight, of which down comprises 63% by weight. Sample C is 19.5% down and waterfowl plumage by weight, of which down comprises 62.5% by weight

The applicable subheading for the Style Number 79361 Sample A, B and C down coats will be 6202.13.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski?jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Overcoats, carcoats, capes, cloaks and similar coats: 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. Style Number 79361 Sample A, B and C down coats fall within textile category designation 654. Based upon international textile trade agreements products of China are subject to a 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.

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 212-637-7084.


Robert B. Swierupski

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