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NY K89598

October 7, 2004

CLA-2-62:RR:NC:WA:357 K89598


TARIFF NO.: 6210.50.9050

Ms. Missy Forey
Burton Snowboard Company
80 Industrial Parkway
Burlington, VT 05401

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

Dear Ms. Forey:

In your letter dated September 16, 2004, you requested a classification ruling.

Two samples, a woman’s lower hip-length jacket and a swatch of fabric, were submitted for style number X650520. The woman’s jacket is a representative sample of how the garment will be constructed and styled when it is imported into the United States. The swatch of fabric that is composed of a woven 100% wool fabric with a visible polyurethane membrane on the inner surface is a sample of the fabric that will be used to manufacture the shell of the jacket when it is imported into the United States. The jacket is lined with a woven 100% polyester satin fabric.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure, and long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs. An overlapping flap with a hook and loop fastener on the front portion of the neck and five snap closures along the front placket covers the zipper area. The jacket has a pocket on the left chest that is secured by a vertical zipper closure, two front pockets with flaps and zipper closures located at the waist, a pocket along the inner portion of the front placket, and two side seam zipper openings with a straight cut hemmed bottom.

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

When constructed of the 100% wool coated fabric that you submitted the applicable subheading for the jacket will be 6210.50.9050, 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, other than of man-made fibers, anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.2 percent ad valorem.

The jacket falls within textile category designation 335. 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 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.


Robert B. Swierupski

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