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NY M85164

August 17, 2006

CLA-2-62:RR:NC:WA:357 M85164


TARIFF NO.: 6201.93.3000

Ms. Amber Horton
Element Skateboards, Inc.
121 Waterworks Way, Suite 100
Irvine, CA 92673

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

Dear Ms. Horton:

In your letter dated July 18, 2006, you requested a classification ruling.

The sample submitted, style number M756YWIC “Wicker Parka,” is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating and is quilted to a nonwoven polyester batting insulation. The jacket is lined in the body with a knit fake fur fabric and in the sleeves with a woven man-made fiber fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 would not apply.

The jacket features a zip-off hood that is lined with a knit sherpa fabric and has a removable fake fur trimmed ruff secured by a tab with two snap closures at the chin area. The jacket also has a full front opening secured by a zipper closure, a stand-up collar, an overlapping flap with eight snaps that covers the front zipper area, long hemmed sleeves with a tab secured by a button closure at the wrist area, inner ribbed-knit fabric storm cuffs and two front pockets at the waist area that have a zipper closure and are covered by a flap with a snap closure. The “Element” tradename and logo are embroidered onto the left chest area.

In a fax you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Based on the information you provided the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers: other: water resistance. The duty rate will be 7.1 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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