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NY C86521




August 18, 1998

CLA-2-62:RR:NC:3:353 D86521

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.10000

Mr. Spencer Hutchins
AKA Int'l., Inc.
2601 Elliott Ave., Suite 3167
Seattle, WA 98121

RE: The tariff classification of a men's down jacket from China.

Dear Mr. Hutchins:

In your letter dated April 10, 1998 you requested a classification ruling.

The submitted sample, Style No. 90-1150 is a men's down filled jacket consisting of woven 100% nylon fabric. The garment has a shirt type styling, however it does have jacket features. The jacket has pockets at the waist on both side seams and one zippered pocket near the chest. The cuffs are fastened with hook and loop fasteners.

As per US Customs Laboratory analysis Style No. 90-1150 consists of 77.3% shell and lining materials, 22.7% down and waterfowl plumage. The down and waterfowl plumage contains 35% or more by weight of down, therefore qualifying the jacket as a down garment.

The applicable subheading for the men's jacket, Style No. 90-1150 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: 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." The duty rate will be 4.6% ad valorem.

Style No.90-1150 falls within textile category designation 653. Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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