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NY C83847




February 17, 1998

CLA-2-62:RR:NC:WA:357 C83847

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000; 6201.93.3511

Mr. Jack Curcuruto
Masterpiece Apparel
350 Fifth Avenue
Suite 6411
New York, N.Y. 10118

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

Dear Mr. Curcuruto:

In your letter dated January 27, 1998, you requested a classification ruling.

The sample submitted, style number 98077, is a man's double jacket set. The jacket set consists of a lower thigh-length outer jacket and an upper thigh-length inner jacket which can be snapped together along the front edges, on the collar and at the wrists 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 65% polyester/35% cotton poplin fabric. The garment is lined with a woven 100% nylon fabric. You state that neither the shell fabric nor the lining fabric is coated. The jacket has a removable snap off hood which features a drawcord tightening and a tab with two snaps at the chin. There is a full front opening with a double pull zipper closure. An overlapping flap with five snaps covers the zipper area. There are two front triple entry pockets at the waist that are secured by zippers and flaps with "VELCRO"-type fasteners, a drawcord tightening through the bottom hem and a tab with a "VELCRO"-type fastener on the sleeve cuffs. Along the inner portion of the front placket, along the inner portion of the collar and on the inner portion of the sleeve cuffs there are self-fabric loops which are used for attaching the inner jacket.

The inner jacket is constructed of a shell composed of a woven 100% nylon fabric with a down and feather fill. In a phone conversation you stated that the total weight of the jacket is 1115 grams or 39.33 ounces, the total weight of the down is 198 grams or 7 ounces and the total weight of the feathers is 85 grams or 3 ounces. The jacket has a stand-up collar and a full front opening secured by a zipper closure. The garment's sleeve cuffs are composed of a ribbed-knit fabric and there is a drawcord tightening through the bottom hem. Along the length of the front zipper, on the sleeve cuffs and along the length of the inner portion of the collar there are tabs with snap closures used to attach the garment to the outer jacket.

The samples are being returned to you.

The applicable subheading for the outer jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for the inner jacket will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, 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 4.5 percent ad valorem.

The outer jacket falls within textile category designation 634. 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,

Robert B. Swierupski
Director,

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