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NY D82177




October 5, 1998

CLA-2-62:RR:NC:WA:357 D82177

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051; 6201.99.9060; 6210.40.9025

Ms. Paula Degenaars
The Timberland Company
200 Domain Drive
Stratham, New Hampshire 03885

RE: The tariff classification of three men's jackets from Bulgaria and China

Dear Ms. Degenaars:

In your letter dated September 9, 1998, you requested a classification ruling.

Three samples were submitted as follows: Style number 1329 is a man's thigh-length jacket. In a phone conversation and in a fax you submitted you indicated that the jacket is constructed of a shell composed of a woven 60% linen/40% cotton fabric which is coated with polyurethane. With your ruling request you submitted a copy of a test report from an independent laboratory that states that this garment fails to meet the test requirement for water resistance as indicated in the Harmonized Tariff Schedule of the U.S.

The jacket has a pointed collar secured by a tab with a button closure and a full front opening secured by a zipper closure. An overlapping flap with five left-over-right button closures covers the zipper area. There are two handwarmer slash pockets above the waist, two front double entry pockets with flap closures below the waist, a button tab closure on the sleeve cuffs, a free hanging back yoke and two grommets for ventilation under each armhole. The "Timberland" trade name is featured on the left chest.

Style number 1342 is a man's hip-length jacket constructed of a shell composed of a woven 60% cotton/40% nylon fabric which has a visible polurethane coating on the inner surface. The garment is lined with a mesh nylon fabric in the body and with a woven nylon fabric in the sleeves. The garment has an integral hood with a drawcord tightening and a full front opening secured by a double pull zipper closure that extends to the top of the garment's collar. The hood can be rolled up and secured within the garment's collar by four snaps and a "VELCRO"-type fastener. An overlapping flap with six snaps covers the zipper area. There are two zippered pockets at the waist and a zippered inner pocket. The sleeve cuffs and waistband are elasticized.

Style number 1503 is a man's thigh-length jacket. In a phone conversation and in a fax you submitted you indicated that the garment is constructed of a shell composed of a woven 55% cotton/45% linen fabric which is coated with polyurethane. With your ruling request you submitted a copy of a test report from an independent laboratory that states that this garment fails to meet the test requirement for water resistance as indicated in the Harmonized Tariff Schedule of the U.S.

The jacket has an integral hood with two button closures at the chin and a full front opening secured by six left-over-right button closures. The garment has an inner drawcord tightening at the waist, two double entry front pockets secured by flaps with a button closure located below the waist, button closures on each sleeve cuff and two grommets under each armhole for ventilation. The "Timberland" trade name is featured on the left chest.

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

The applicable subheading for style number 1329 will be 6201.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' anoraks, windbreakers and similar articles: of other textile materials: other. The duty rate will be 4.4 percent ad valorem.

The applicable subheading for style number 1342 will be 6210.40.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boy's garments: other: other: anoraks, windbreakers and similar articles. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for style number 1503 will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.8 percent ad valorem.

Style number 1329 falls within textile category designation 834. Style numbers 1342 and 1503 fall within textile category designation 334. Based upon international textile trade agreements products of Bulgaria are not presently subject to quota restraints or the requirement of a visa. 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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