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NY N009180

April 18, 2007



TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Andrew Blight
311 Industries
434 Airport Rd.
Endicott, N.Y. 13760

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

Dear Mr. Blight:

In your letters dated March 4, 2007 and March 29, 2007, you requested a classification ruling.

The sample submitted, style number JK003, is a man’s hip-length jacket with a shell composed of a woven 100% nylon fabric. The jacket is fully lined with a woven 100% nylon fabric that has a visible polyurethane membrane on the inner surface. The jacket has a zip-out liner composed of a woven 100% nylon fabric with a nonwoven 88% olefin/12% polyester batting insulation. The zip-out liner is not of the type that can be worn separately.

The jacket has a stand-up collar, a full front opening secured by a double pull zipper closure that extends to the top of the collar and a secondary zipper for the attachment of the zip-out liner. An overlapping flap with five snaps covers the front zipper area. The jacket has long sleeves with partial elastic and a tab with a snap closure on the cuffs, shoulder epaulets, two double entry front pockets with flaps secured by hook and loop fasteners and three inner pockets, one with a snap tab closure. The garment has two side seam zipper openings, an elasticized waistband with adjustable side tabs with snap closures and expandable armholes on the rear panel for easier movement.

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

In your letter you suggested classification for this jacket under HTS 6202. which provides for woman’s or girls’ jackets of man-made fibers. As this is a man’s garment, this subheading would not apply.

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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