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NY J80704

February 13, 2003

CLA-2-62:RR:NC:WA:357 J80704


TARIFF NO.: 6201.93.3000; 6201.93.3511

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

RE: The tariff classification of a man’s jacket from Bangladesh

Dear Ms. Nichols:

In your letter dated January 24, 2003, you requested a classification ruling.

The sample submitted, style number 6300 “Hoody Insulator”, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 100% polyester taffeta fabric which has a “Spylon” fluorocarbon finish applied to the outer surface. The shell fabric is quilted in a diamond pattern to a nonwoven 100% polyester batting insulation. The garment is lined with a woven 100% nylon taffeta fabric that features a “Spyder” bug and number print. The jacket is used in winter sports, primarily ski or snowboarding.

The fluorocarbon finish is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket features an integral hood and a full front opening secured by a double pull zipper closure that extends to the chin area. The jacket has a vertical pocket with a zipper closure on the left chest, long hemmed sleeves with an adjustable tab secured by a hook and loop fastener at the wrist area, two side seam pockets with zipper closures below the waist and a drawcord tightening at the bottom hem. The “Spyder” logo is featured on the garment’s left sleeve, on the hood, on a reflective strip on the lower portion of the left front panel, on a textile tab on the lower portion of the left side seam and on the zipper pulls.

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 6201.93.3000, which provides for other men's or boys’ 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 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.9 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Bangladesh 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.

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.

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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