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NY M87215

November 1, 2006

CLA-2-62:RR:NC:WA:357 M87215


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Maryellen West
The Folsom Corporation
43 McKee Drive
Mahwah, N.J. 07430

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

Dear Ms. West:

In your letter dated October 11, 2006, you requested a classification ruling.

The sample submitted, style number 51653, is a man’s hip-length jacket constructed of a shell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a flat knit fabric on the inner surface with a waterproof thermoplastic polyurethane coating in between. The jacket is lined with a knit mesh 100% polyester fabric in the body and with a woven man-made fiber fabric in the sleeves. The coating is not visible through the knit fabric or in cross-section.

The jacket has a full front opening secured by a zipper closure, a stand-up collar and an integral hood with a drawcord tightening which can be rolled up and stored within the garment’s collar by a zipper closure. The jacket has long hemmed sleeves with a tab secured by a hook and loop fastener at the wrist area, inner spandex storm cuffs with a tab secured by a hook and loop fastener at the wrist, underarm zipper openings for ventilation, two vertical front pockets with zipper closures above the waist, a zippered inner pocket, an inner drawcord tightening at the waist and a drawcord tightening through the bottom hem. The “Bimini Bay Outfitters” trademark and logo are embroidered onto the upper portion of the left sleeve.

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 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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