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NY M84169

July 12, 2006

CLA-2-62:RR:NC:WA:357 M84169


TARIFF NO.: 6201.93.3511

Ms. Hazel D. Ericta
C.F.L. Enterprise Ltd.
149 Fifth Avenue, Fifth Floor
New York, N.Y. 10010

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

Dear Ms. Ericta:

In your letters dated May 23, 2006 and June 9, 2006, you requested a classification ruling.

The sample submitted, style number IBPS6-914W, is a man’s upper thigh-length jacket constructed of a shell a composed of a woven 67% nylon/33% polyester fabric. The jacket is lined in the upper body and sleeves with a woven 100% nylon taffeta fabric and in the lower body with a woven plaid 62% cotton/38% polyester fabric. The jacket features a zip-out liner that is composed of a woven 100% nylon fabric that has a down and waterfowl plumage fill. The liner is not of the type that is worn separately.

The fill contains approximately 12% by weight of down and waterfowl plumage and approximately 8% by weight of down. Therefore, the jacket does not qualify as a down garment.

The jacket has a double collar, a full front opening secured by a double pull zipper closure, a secondary zipper for attaching the down filled liner and an overlapping flap with four button closures that covers the front zipper area. The garment’s outer collar is detachable and is composed of cow leather on the outer surface and a woven 85% wool/15% polyester fabric on the inner surface. The jacket has long sleeves with an adjustable button closure on the cuffs, two front hand warmer pockets above the waist, two double entry bellows pockets with button flap closures below the waist, a zippered pocket on the inner portion of the left placket, an inner drawcord tightening at the waist, a cell phone pocket and a zippered pocket on the down filled liner, two side seam openings that have a gusset insert and a snap closure and a straight cut hemmed bottom.

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

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), 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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