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NY K89565

October 6, 2004

CLA-2-62:RR:NC:TA:357 K89565


TARIFF NO.: 6210.40.5020

Mr. Jay Reynolds
JP Reynolds Company, Inc.
1850 Eller Drive, Suite 401
Ft. Lauderdale, FL 33316

RE: The tariff classification of a rain jacket from China

Dear Mr. Reynolds:

In your letter dated September 9, 2004, on behalf of Cotrade International, you requested a classification ruling. A sample was submitted.

The item in question, style name “Iron Eagle,” is a rain jacket made from a woven nylon fabric with a polyurethane coating on the outer surface. The jacket has a full front opening with a four-snap, left-over-right closure, an attached hood with a partially elasticized edge, a hemmed bottom and long sleeves with no tightening at the ends. Examination of the fabric indicates that the coating is clear and does not obscure the underlying fabric.

Although you indicated that this garment is unisex, Legal Note 8 of Chapter 62, Harmonized Tariff Schedule of the United States (HTS), indicates that in these circumstances garments with a left over right front closure are to be classified as men’s or boys’.

The applicable subheading for the rain jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.1 percent ad valorem.

Style “Iron Eagle” falls within textile category designation 634. Based upon international textile trade agreements products of China are subject to quota 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 William Raftery at 646-733-3047.


Robert B. Swierupski

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