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July 8, 1999

CLA-2-62:RR:NC:WA:357 E83686

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Nancy Eisen
Mountain Hardwear
950-A Gilman Street
Berkeley, CA 94710

RE: The tariff classification of two men’s jackets from China

Dear Ms. Eisen:

In your letter dated June 14, 1999, you requested a classification ruling.

Two samples were submitted as follows: Style number 051, “Chugach Stormlight Parka”, is a man’s thigh-length jacket constructed of an outershell composed of a woven quilted 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a woven man-made fiber fabric and has a nonwoven polyester batting insulation.

The jacket features a detachable hood that is held to the garment by four snaps. The hood has a drawcord tightening and is secured at the chin by three “VELCRO”-type fasteners. The jacket has a stand-up collar and a full front opening which is secured by a double pull zipper closure that extends to the top of the garment’s collar. An overlapping flap that has six “VELCRO”-type fasteners along the length and a snap closure at the bottom covers the zipper area. The jacket has a zippered pocket along the upper portion of the left placket, a mesh inner pocket and a zippered inner pocket, an inner drawcord tightening at the waist, two front zippered pockets below the waist which are covered by an overlay of fabric and a drawcord tightening through the bottom hem. The garment’s sleeve cuffs are partially elasticized and have an adjustable tab with a “VELCRO”-type fastener. The “Mountain Hardwear” logo is featured on the left chest and on the rear portion of the collar. Style number 049, “Sub Zero Stormlight Jacket”, is a man’s hip-length jacket constructed of an outershell composed of a woven quilted 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a woven nylon fabric and has a goose down insulation. The jacket has a stand-up collar and a full front opening which is secured by a double pull zipper closure that extends to the top of the garment’s collar. An overlapping flap that has four “VELCRO”-type fasteners along the length and a snap closure at the bottom covers the zipper area. The jacket has a zippered pocket along the upper portion of the left placket, a zippered inner pocket and a mesh inner pocket, two front zippered pockets at the waist which are covered by an overlay of fabric, an inner drawcord tightening on the rear portion of the waist and a drawcord tightening through the bottom hem. The garment’s sleeve cuffs are partially elasticized and have an adjustable tab with a “VELCRO”-type fastener. The “Mountain Hardwear” logo is featured on the left chest and on the rear portion of the collar.

The sample is being returned to you as you have requested.

The applicable subheading for style numbers 049 and 051 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of 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.

Style numbers 049 and 051 fall 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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