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NY I80030




April 17, 2002

CLA-2-62:RR:NC:WA:357 I80030

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Kim Sullivan
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a man’s pullover jacket from the Philippines; Visibly Coated

Dear Ms. Sullivan:

In your letter dated March 22, 2002, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number 5447, “Explorer”, is a man’s pullover hip-length jacket constructed of a shell composed of a woven red color 100% nylon taffeta fabric which has a visible polyurethane coating on the inner surface. The garment is lined in the front panel and sleeves with a woven 100% nylon fabric and in the rear panel with a knit mesh 100% polyester fabric.

The jacket has a stand-up collar and a partial opening at the neck that is secured by a zipper closure. The jacket is trimmed with capping fabric at the edge of the collar and on each side of the front zipper opening. The garment features long sleeves with elasticized capping at the wrist area, a handwarmer pocket on the lower portion of the front panel and elasticized capping at the bottom hem. The garment has a state university name printed on the left chest.

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

In a phone conversation and in spec sheets you submitted for the garment it was indicated that the jacket would also be imported with a gold, black and navy color shell fabric, which may have a different coating. We cannot classify the jacket with the gold, black and navy color shell fabrics without the submission of samples for our examination.

The applicable subheading for this jacket in red 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, 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 the Philippines 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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