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NY C88956


June 19, 1998

CLA-2-62:RR:NC:WA:357 C88956

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3521

Mr. Johnny Lee

B.J. Customs Brokerage Co., Inc.

P.O. Box 91034

Los Angeles, CA 90009-1034

RE: The tariff classification of a boy's jacket from China

Dear Mr. Lee:

In your letter dated June 4, 1998, on behalf of Marshall Gobuty Int'l. Inc., you requested a classification ruling.

The sample submitted, style number 1953, is a boys' jacket constructed of an outershell composed of a woven 100% nylon oxford fabric. The garment is lined with a woven 100% nylon fabric, has a down and feather insulation in the body and a nonwoven polyester batting insulation in the sleeves. In a phone conversation and a fax you submitted you stated that the entire weight of the jacket is 900 grams, the weight of the down in the insulation is 72 grams and the weight of the feathers in the insulation is 288 grams. You also indicated that the garment does not have any rubber or plastic application for water resistance.

Because of the insufficient weight of down in the fill this garment does not qualify for classification under the heading for down jackets.

The jacket has a zip-off hood which is secured at the chin by two "VELCRO"-type fasteners and a full front opening secured by a zipper closure. There are two zippered front pockets at the waist, long sleeves with adjustable "VELCRO"-type fastener tabs on the sleeve cuffs and two pockets on the lower portion of the back panel. The pockets on the back panel are secured by an overlay of fabric that has two "VELCRO"-type fasteners.

The sample is being returned to you.

The applicable subheading for the jacket will be 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for other boys' anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The jacket falls within textile category designation 634. 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,


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