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NY B83183




April 4, 1997

CLA-2-62:RR:NC:WA:357 B83183

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.1500; 6201.92.2051; 6201.93.1000

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, N.Y. 10167-3397

RE: The tariff classification of a man's double jacket set from China

Dear Mr. Evan:

In your letter dated March 11, 1997, on behalf of your client, Tommy Hilfiger U.S.A., Inc., you requested a classification ruling.

The sample submitted, style number 0500825 "Winchester Jacket", is a man's two-piece jacket set. The set consists of a thigh-length outer jacket and a thigh-length inner jacket which can be snapped together along the front edges and attached by "VELCRO"-type fasteners on the hood so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of an outershell composed of a woven 70% cotton/30% nylon fabric which you state is coated with polyurethane. The jacket has a full front opening secured by a double pull zipper closure. An overlapping flap with four snap closures covers the zipper area. The garment features an integral hood. The hood has a drawcord tightening and a chin guard with two snap closures. There are eight inner half snaps located along the front placket, two half snaps at the sleeve cuffs and three half "VELCRO"-type fasteners on the inner portion of the hood which are used for attaching the inner jacket. The garment has an inner drawcord tightening at the waist, two patch pockets and a left zippered pocket on the chest, two double entry front pockets below the waist and an inner pocket. The two chest pockets and the two front pockets are secured by a flap with a snap closure. The garment has a locker loop on the back yoke which features the "Hilfiger" tradename.

The inner jacket is constructed of a shell composed of a woven 100% nylon fabric quilted to a down insulation. In a fax you submitted you indicated the weight of the entire jacket including the fill is 610 grams, the weight of the down and waterfowl plumage is 255 grams and the percentage of the down in the fill is 80%. You state that the garment has a 600mm polyurethane coating. The jacket has a full front opening secured by eight snaps and an integral hood with a chin guard secured by two snaps. The half snaps located on the garment's front placket and the half "VELCRO"-type fasteners located on the outer portion of the hood are used for attaching the outer jacket. The garment has front pockets located below the waist and a straight bottom hem.

The samples are being returned to you as you have requested.

If the outer jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.92.1500, which provides for other men's anoraks, windbreakers and similar articles of cotton, other: water resistant. The duty rate will be 6.5 percent ad valorem.

If the outer jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2051, which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for the inner will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks (including ski- jackets), windbreakers and similar articles: 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. The duty rate will be 4.6 percent ad valorem.

The outer jacket falls within textile category designation 334. The inner jacket falls within textile category designation 653. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-5851.

Sincerely,

Paul K. Schwartz Chief, Textiles & Apparel Branch National Commodity

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