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NY E87238

October 13, 1999

CLA-2-62:RR:NC:WA:357 E87238


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd.
Suite 728
Long Beach, California 90802

RE: The tariff classification of a man’s jacket from Thailand, China or Taiwan

Dear Ms. Denny:

In your letter dated September 9, 1999, on behalf of Jack Wolfskin, you requested a classification ruling.

The sample submitted, style name “Frost Pond”, is a thigh-length jacket constructed of an outershell composed of a woven 65% polyester/35% cotton fabric which has a polyurethane coating. In a phone conversation you stated that the jacket is a man’s. The garment is lined with a woven 65% polyester/35% cotton fabric which is quilted to a Dupont “Thermolite” insulation.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a double pull zipper closure. The garment features two zippered front pockets below the waist, long sleeves with ribbed-knit inner storm cuffs and a drawcord tightening through the bottom hem. The textile strip of fabric located along the inner portion of the garment’s front zipper, the textile strip of fabric hanging from the garment’s front zipper pull, the embroidery on the lower portion of the garment’s left front panel and the leather patch on the garment’s left sleeve all feature the “Jack Wolfskin” logo and trademark imprint of an animal’s paw.

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

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Thailand, China or Taiwan 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.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.


Robert B. Swierupski

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