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NY J80512

February 21, 2003

CLA-2-62:RR:NC:WA:357 J80512


TARIFF NO.: 6210.50.5020

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

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

Dear Ms. Nichols:

In your letter dated January 30, 2003, you requested a classification ruling.

The sample submitted, style number 2202 “Power,” is a woman’s upper thigh-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a visible polyurethane waterproof, breathable laminate on the inner surface and a “Spylon” fluorocarbon water repellent finish on the outer surface. The jacket is lined in the body with a woven rip-stop, cross-dye 57% nylon/43% polyester fabric and in the sleeves with a woven nylon taffeta fabric. The garment has a nonwoven 100% polyester batting insulation. The jacket is used in winter sports, primarily ski or snowboarding.

The jacket is slightly fitted at the waist and has a zip-off hood with a drawcord tightening and a hook and loop fastener at the chin, a stand-up collar and a full front opening secured by a double pull zipper closure. A storm flap with a hook and loop fastener at the neck and six snaps along the front placket covers the front zipper area. The hood can be rolled up and stored within the garment’s collar by a zipper closure. The jacket also has long sleeves with elastic and an adjustable tab with a hook and loop fastener on the cuffs, two vertical pockets with zipper closures on the chest, two hand warmer pockets with zipper closures above the waist, a vertical pocket with a zipper closure under the storm flap, a zipper opening under each armhole for ventilation, an inner drawcord tightening at the waist, an inner mesh pocket, an inner vertical pocket with a zipper closure and a straight cut hemmed bottom. Contrasting color piping and strips of fabric are on the front and rear panels, on the shoulders and on each sleeve. The “Spyder” logo is on the lower portion of the front panel, on the left sleeve, on the rear yoke and on the zipper pulls and snaps. The sample is being returned to you

The applicable subheading for the 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 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 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.


Robert B. Swierupski

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