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NY J86088

August 8, 2003

CLA-2-62:RR:NC:WA:357 J86088


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Lori J. Pender
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of a man’s jacket from Vietnam or Malaysia

Dear Ms. Pender:

In your letter dated July 9, 2003, you requested a classification ruling.

The sample submitted, style number AM7011 “Elbow Basin Shirt Jac”, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating and is quilted to a nonwoven polyester batting insulation. The jacket is lined in the body with a knit brushed 100% polyester fleece fabric and in the sleeves with a woven 100% nylon taffeta fabric.

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

The jacket has a fold-down pointed collar and a full front opening secured by a left-over-right seven-snap closure. The garment features long sleeves with an adjustable snap closure on the cuffs, a zippered pocket on the upper portion of the left sleeve, a zippered inner pocket, two front pockets with zipper closures at the waist and a shirttail bottom hem. The “Columbia” trade name and logo is embroidered onto the upper portion of the left sleeve and is featured on each snap. The sample is being returned to you as you have requested.

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 Malaysia are presently subject to quota restraints and a visa requirement. Products of Vietnam are not presently subject to quota restraints 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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