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NY J80423




February 12, 2003

CLA-2-62:RR:NC:WA:357 J80423

CATEGORY: CLASSIFICATION
TARIFF NO.: 6210.50.5020; 6202.93.1000

Ms. Jane L. Taeger
Kuehne & Nagel Professional Services Group 820 Cromwell Park Drive
Suite J
Glen Burnie, MD 21061

RE: The tariff classification of a woman’s double jacket set from China

Dear Ms. Taeger:

In your letter dated January 27, 2003, on behalf of Ariat International, Inc., you requested a classification ruling.

The sample submitted, style number 4600, is a woman’s double jacket set. The two piece set consists of a thigh-length outer jacket and a hip-length inner jacket, which can be zippered together along the front edges and snapped together at the wrist areas so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the hood, sleeves and lower body with a woven 100% nylon fabric and in the upper body with a mesh 100% polyester fabric. The jacket has a snap-off hood with a drawcord tightening, a stand-up collar, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner jacket. The hood can be rolled up and stored within the collar by three hook and loop fasteners. An overlapping flap with five hook and loop fasteners covers the front zipper area. The jacket features a left chest pocket with a zipper closure, two inner pockets with zipper closures, long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, a zipper opening under each armhole for ventilation, an inner drawcord tightening at the waist, two front pockets with zipper closures below the waist and two side seam zipper openings with an inner gusset at the bottom hem. A tab with a snap closure on the inner portion of the cuffs is used for attachment of the inner jacket. The “Ariat” logo is embroidered onto the left chest.

The inner jacket is constructed of a shell composed of a woven 100% polyester fabric which is quilted in a diamond pattern to a down and feather fill. The garment is approximately 50% down and waterfowl feathers by weight, of which approximately 80% is down. The jacket is lined with a woven 100% nylon fabric. The jacket has a stand-up collar, a full front opening secured by a reversible zipper pull closure, long sleeves with elasticized cuffs, a zippered inner pocket, an inner drawcord tightening at the waist, two vertical front pockets with zipper closures below the waist and two side seam vents at the bottom hem. The “Ariat” logo is embroidered onto the left chest. A textile fabric loop on the outer portion of each wrist area is used for attachment to the outer jacket. The sample is being returned to you.

In your letter you suggested for the outer jacket classification under the water resistant provisions in HTS Chapter 62. A review of the sample indicates that the shell is visibly coated. Therefore, in accordance with HTS Chapter 62 Legal Note 5, the garment is classifiable in HTS heading 6210.

The applicable subheading for the outer jacket will be 6210.50.5020, 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 women’s or girls’ 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 applicable subheading for the inner jacket will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers: Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down. The duty rate will be 4.4 percent ad valorem.

The outer jacket falls within textile category designation 635. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The inner jacket falls within textile category designation 654. Based upon international textile trade agreements products of China are not presently subject to quota or 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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