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NY L81991

February 11, 2005

CLA-2-62:RR:NC:WA:357 L81991


TARIFF NO.: 6201.91.2021

Mr. Jeffrey Schwartz
M.Hidary & Company, Inc.
10 West 33rd Street, Ninth Floor
New York, N.Y. 10001-3366

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

Dear Mr. Schwartz:

In your letter dated January 20, 2005, you requested a classification ruling.

The sample submitted, style number BJF05-087, is a boy’s lower hip-length jacket that has a shell constructed of one layer on the outer surface composed of a woven 60% wool/30% rayon/10% polyester fabric and one layer on the inner surface composed of a flat knit 100% polyester fabric that are bonded together. The jacket is lined in the body with a woven 100% nylon taffeta fabric that is quilted in a diamond pattern to a nonwoven batting fill, in the sleeves with a woven 100% nylon taffeta fabric, and in the collar and hood with a knit sherpa 100% acrylic fabric.

The jacket has an integral hood and a full front opening secured by a zipper pull closure. An overlapping flap with one snap closure at the neck and five hook and loop fasteners along the front placket covers the zipper area. The jacket also has two front pockets with flap closures below the waist, an inner pocket, long hemmed sleeves and a straight cut hemmed bottom. The logo “Russell 47” is embroidered onto the area of the left chest and the letter “R” is on the upper portion of the left sleeve.

In your letter you indicate that the jacket should be classified under HTS 6210.40.9025. The jacket does not have a visible coating as that term is defined in the tariff, therefore HTS 6210 does not apply.

The applicable subheading for the jacket will be 6201.91.2021, Harmonized Tariff Schedule of the United States (HTS), which provides for other boys’ anoraks (including ski-jackets), windbreakers and similar articles: of wool or fine animal hair. The duty rate will be 49.7¢/kg + 19.7 percent ad valorem.

The jacket falls within textile category designation 434. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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