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NY M86862

October 17, 2006

CLA-2-62:RR:NC:WA:357 M86862


TARIFF NO.: 6210.40.5020

Ms. Lydia Hua
Greenland Sales Corp.
2221 Niagara Falls Blvd., Suite 11
Niagara Falls, N.Y. 14304

RE: The tariff classification of men’s jackets from China

Dear Ms. Hua:

In your letter dated September 15, 2006, you requested a classification ruling.

Three samples were submitted: Style “Men’s Icefall Jacket” and style “Men’s Gravity Jacket” are two men’s lower hip-length jackets constructed of a shell composed of one layer of a woven 100% nylon fabric on the outer surface and one layer of a knit mesh fabric on the inner surface, with a visible waterproof breathable laminated coating in between. The coating is visible through the mesh fabric.

Each jacket has a zip-off hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the collar. Each jacket has a secondary zipper with a reversible zipper pull, a tab with a snap closure at the nape of the neck, a tab with a snap closure on the inner portion of the wrist area for attaching an inner garment, long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, a double pull zipper opening on each side of the garment for ventilation that begins at the elbow area on the lower portion of the sleeves and extends under the armholes to the waist area, two vertical pockets with zipper closures on the upper portion of the front panels and a drawcord tightening through the bottom hem, which is cut straight and shorter in the front and round and longer in the rear. The “Chinook Technical Outdoor” logo is embroidered onto the left yoke area.

In your letter you indicated that each jacket can be worn together with the “Men’s Impact Jacket,” becoming a “3 in 1 jacket.” Each jacket can be attached to the “Men’s Impact Jacket” by zipping them together along the front edges and snapping them together at the nape of the neck and at the wrist area. Although the garments are worn together each garment can also be worn separately and will be classified as a separate garment.

Your inquiry does not provide enough information for us to give a classification ruling on the “Men’s Impact Jacket.” The information you submitted in a fax is insufficient for us to make a classification determination. Please submit a lap diagram showing the movement of the stitches of the polyester microfleece fabric as it is knitted. In addition, it would be helpful to have a swatch of plain dyed or greige fabric prior to brushing. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The applicable subheading for styles “Men’s Icefall Jacket” and “Men’s Gravity Jacket” will be 6210.40.5020, 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: Of man-made fibers: Other: Anoraks (including ski-jackets), windbreakers and similar articles. 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/.

Each jacket falls within textile category 634. 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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