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NY M85818

September 6, 2006

CLA-2-62:RR:NC:WA:357 M85818


TARIFF NO.: 6210.40.9025

Ms. Lisa Martin
Blue Star Imports L.P.
150 Thorn Hill Road
Warrendale, PA 15086

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

Dear Ms. Martin:

In your letter dated August 14, 2006, on behalf of Martin + Osa, a division of American Eagle Outfitters, Inc., you requested a classification ruling.

The sample submitted, style number 2041, is a man’s thigh-length jacket constructed of a shell composed of a woven 100% cotton fabric that has a visible polyurethane coating on the outer surface. The jacket is lined in the body with a knit boiled wool fabric quilted to a nonwoven polyester batting fill and in the sleeves with a woven man-made fiber fabric quilted to a nonwoven batting fill.

The coating on the outer surface of the shell does not completely obscure the underlying cotton fabric.

The jacket has a full front opening secured by a double pull zipper closure, an overlapping storm flap with five snaps that covers the front zipper area, a fold-down collar with a tab secured by a one-button closure and long sleeves with an adjustable snap closure on the cuffs. The garment also has two bellows chest pockets with a flap secured by two snaps, two front bellows pockets below the waist that have a flap secured by two snaps, two inner pockets, one with a zipper closure and one with two snap closures, 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 6210.40.9025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Other: Other: Other: Anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.2 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 334. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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