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NY K80925





January 9, 2004
CLA-2-62:RR:NC:WA:357 K80925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Stephanie M. Ranney-Shaw
Johnson Outdoors Watercraft-Sports & Leisure 4855 Broadmoor SE
Grand Rapids, Michigan 49512

RE: The tariff classification of a man’s pullover jacket from Taiwan, China or Thailand; Visibly Coated

Dear Ms. Ranney-Shaw:

In your letter dated December 10, 2003, on behalf of Leisure Life Ltd., you requested a classification ruling.

The sample submitted, style number DT001, “Kayak Dry Top”, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% nylon fabric which is visibly coated on the inner surface with polyurethane. The jacket is used exclusively for whitewater kayaking

The jacket features a stand-up collar that is composed of one layer on the outer surface of a knit nylon fabric and one layer on the inner surface of a knit nylon fabric with an expanded neoprene rubber laminated in between. The jacket has a mesh pocket on the front panel that has a zipper closure and reflective piping fabric across the top, and long sleeves that have double cuffs and reflective piping fabric at the elbow area. The outer sleeve cuffs have a tab with a hook and loop fastener and are composed of a knit brushed fabric on the outer surface laminated to an expanded neoprene rubber on the inner surface. The inner cuffs are composed of a tight fitting latex rubber. The jacket has double front and rear panels. The outer front and rear panels are free hanging overlay panels that extend from below the chest area to the waist and are composed of the same nylon fabric as the jacket. The outer panels are shorter in length than the inner panels and feature a tight fitting 6-1/2 inch long waist gasket with a drawcord tightening at the bottom. The waist gasket is composed of one layer on the outer surface of a knit nylon fabric and one layer on the inner surface of a knit nylon fabric with an expanded neoprene rubber laminated in between. The inner front and rear panels have a tight fitting 3-1/2 inch long waist gasket at the bottom that is composed of one layer on the outer surface of a knit nylon fabric laminated to a neoprene rubber on the inner surface. The garment’s right sleeve has embroidery featuring the “YAK” and “yak-paddling.com” logo. The front panel has embroidery featuring the “YAK” and “Kurta” logos.

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

The applicable subheading for the jacket 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 7.1 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China or Thailand 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 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.

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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