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NY H86440

January 7, 2002

CLA-2-62:RR:NC:WA:357 H86440


TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Renee L. Hoem
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, Oregon 97229

RE: The tariff classification of a woman’s reversible jacket from Vietnam

Dear Ms. Hoem:

In your letter dated December 12, 2001, you requested a classification ruling.

The sample submitted, style number TL3050, “Global Reign Jacket”, is a woman’s upper thigh-length reversible jacket. One shell of the jacket is constructed of a woven “Microtwill Plus” 100% polyester fabric which has a Teflon DWR coating. The other shell is constructed of a woven “Aerolite ll” 100% polyester fabric which has a Teflon DWR coating.

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

The jacket has a stand-up collar and a full front opening that is secured by a reversible zipper pull closure which extends to the top of the garment’s collar. An overlapping flap with five right-over-left snap closures on each shell covers the front zipper area. The jacket also has long sleeves with partial elastic on the cuffs and a straight cut hemmed bottom with a rear vent. The “Microtwill Plus” fabric side of the jacket has a vertical pocket with a zipper closure on the left chest and two double entry front pockets secured by flaps with hook and loop fasteners below the waist. A textile loop with a plastic D-ring on the inside of the left front pocket features the “Columbia” tradename. The “Columbia Sportswear Company” tradename and logo is also embroidered onto the rear portion of the garment’s collar. The “Aerolite ll” fabric side of the garment has two front pockets below the waist that are secured by side zipper closures and a textile loop on the lower portion of the right sleeve.

The sample is being returned to you.

This garment is eligible for classification as water resistant. 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

We note that this jacket is marked with the country of origin by means of a fabric label sewn inside one of the pockets. The Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Vietnam are not presently subject to quota restraints nor the requirement of a visa.

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 646-733-3047.


Robert B. Swierupski

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