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NY H86893




February 1, 2002

CLA-2-62:RR:NC:WA:357 H86893

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. Marc Hodges
The North Face, Inc.
16910 West 116th Street
Lenexa, KS 66219

RE: The tariff classification of a man’s jacket from China; Visibly Coated

Dear Mr. Hodges:

In your letter dated January 10, 2002, you requested a classification ruling.

The sample submitted, style number 014058, “Mountain Lt. Parka XCR”, is a man’s thigh-length jacket constructed of a 2-layer shell that consists of one layer on the outer surface composed of a woven 100% nylon fabric laminated to a visible waterproof and breathable “Gore-Tex”, “XCR” membrane on the inner surface. The garment is lined in the upper body with a mesh fabric and in the lower body, hood and sleeves with a woven fabric.

The jacket has an integral hood with a drawcord tightening and a full front opening that is secured by a double pull zipper closure that extends to the chin area. The garment also has a secondary zipper which allows the wearer to zip-in other North Face compatible garments. In a phone conversation you indicated that the jacket will not be imported with a compatible garment. An overlapping flap with six hook and loop fasteners along the front placket and one snap closure at the bottom hem covers the zipper area. The garment has two vertical chest pockets secured by zipper closures, two front vertical “core vent” openings with zipper closures above the waist that are used for ventilation, a zippered inner pocket, two pockets with zipper closures below the waist, long sleeves with a tab secured by a hook and loop fastener on the cuffs and a drawcord tightening through the bottom hem. The logo “The North Face” is embroidered onto the left chest and onto the right rear yoke. The “Gore-Tex”, “XCR” logo is embroidered onto the left sleeve and the “Summit Series” logo is embroidered onto the right sleeve.

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

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 7.2 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 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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