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HQ 089774

July 1, 1992

CLA-2 CO:R:C:T 089774 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1035; 6202.92.2060; 6202.93.1000

John Moe
Eddie Bauer
15010 NE 36th St.
Redmond, WA 98052

RE: Modification of PC 862106 on the pre-classification of various women's garments

Dear Mr. Moe:

This is in reference to the pre-entry classification letter, PC 862106, issued to Eddie Bauer, Inc., by the Seattle Customs District Office on May 14, 1991. The ruling above contained certain errors with respect to the fabric content of the women's garments at issue in that case.

FACTS:

Due to errors involving fiber content or down content, the classification of three garments is subject to reconsideration in this instance. A National Import Specialist in our New York office has reviewed the pre-entry classification determinations conducted at your premises on March 13, 1991, and has brought to our attention certain style numbers which were pre-classified in error.

ISSUE:

Whether the pre-entry determinations issued in PC 862106 require modification.

LAW AND ANALYSIS:

Style nos. N197 and N198, women's gortex pants, were classified under a subheading which provided for cotton garments. They are, however, made of polyester and as such should be classified under subheading 6210.50.1035, HTSUSA.

Style nos. N217 and N218, women's anoraks, were classified as if they were in chief weight of man-made fibers, but they are a blend of 70 percent cotton/30 percent nylon. Therefore, classification is appropriate under subheading 6202.92.2060, HTSUSA.

2

Styles N209 and N210, women's nylon shell jackets, were classified in subheading 6202.93.5010, which provides for jackets which do not meet the requirements for down-filled garments. However, the records provided by importer indicate that the jackets will be imported with sufficient down to qualify as down- filled, and should be classified in subheading 6202.93.1000, HTSUSA.

HOLDING:

Style nos. N197 and N198 are classified under subheading 6210.50.1035, HTSUSA, which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: of man-made fibers, other: trousers, breeches and shorts, textile category 648, dutiable at the rate of 7.6 ad valorem.

Style nos. N217 and N218 are classified under subheading 6202.92.2060, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski jackets), windbreakers and similar articles (including padded, sleeveless jackets): of cotton, other: other, other: other: women's, textile category 335, dutiable at the rate of 9.5 percent ad valorem.

Style nos. N209 and N210, are classified under subheading 6202.93.1000, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down, textile category 654, dutiable at the rate of 29.5 percent ad valorem.

In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying PC 862106 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

3

This notice to you should be considered a modification of PC 862106 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to PC 862106 (19 CFR 177.9(d)(2) and will not, therefore, affect the transaction for importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, PC 862106 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of PC 862106 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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