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NY M81786

April 12, 2006

CLA-2-62:RR:NC:WA:357 M81786


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Andre Ryu
Wicked Fashion, Inc.
222 Bridge Plaza South
Fort Lee, N.J. 07024

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

Dear Mr. Ryu:

In your letter dated March 22, 2006, you requested a classification ruling.

The sample submitted, style number 6321-5214, is a man’s lower thigh-length jacket constructed of a shell composed of a woven hounds tooth pattern 100% acrylic fabric. The jacket is fully lined with a woven 100% polyester fabric with a polyurethane coating and is quilted to a nonwoven batting fill.

The jacket has a full front opening secured by a double pull zipper closure, an overlapping storm flap with eight snap closures, an integral hood that features a zip-off fake fur ruff surrounding the face area, a drawcord tightening and a tab with a buckle closure on the rear portion of the hood. The jacket has long sleeves with a tab secured by a snap closure on the cuffs, an additional inner storm cuff composed of a ribbed-knit fabric, two chest pockets with zipper closures that are covered by an overlay of fabric, two hand warmer pockets above the waist that have zipper closures and are covered by an overlay of fabric and two front bellows pockets below the waist that are secured by a flap with a hook and loop fastener. The garment also has two inner pockets, one with a zipper closure and one composed of a mesh fabric, an inner drawcord tightening at the waist and a drawcord tightening at the bottom hem.

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 (HTSUS), 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 7.1 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 27.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The jacket falls within textile category designation 634. 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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