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NY D80596


August 5, 1998

CLA-2-62:RR:NC:3:353 D80596

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000; 6202.93.1000

Mr. Johnny Lee

BJ Customs Brokerage Co.

P.O. Box 91034

Los Angeles, CA 90045

RE: The tariff classification of down jackets from China.

Dear Mr. Lee:

In your letter dated July 17, 1998, on behalf of Marshall Gobuty Intl., Inc., you requested a classification ruling.

The submitted samples, Styles 518-2266 and 518-1227 are down jackets. You state in your letter that the down jackets, 518-2266, 518-1227, are comprised of 35% by weight of down and 65% by weight of feathers. Style 518-2266 is a man's down jacket consisting woven 100% nylon fabric and features a full front zippered snap closure which snaps left over right. It has a pocket on each side toward the bottom with a zippered snap closure and two pockets on the right side of the chest one with a zipper closure and the other with a zippered snap closure. The garment has long sleeves, a removable hood and a elastic waistband. The lining is 100% nylon with horizontal quilting.

Style 518-1227 is a woman's down jacket consisting of woven 100% nylon fabric. It features a full front zippered snap closure which closes right over left. The garment has two chest pockets on the right side of the chest, one with a zippered closure and the other with a zippered snap closure. It has long sleeves, a removable hood and a elastic waistband.

Two other samples were submitted with out style numbers. These samples do not appear to be part of the ruling request. You also requested classification of Styles 518-1037 and 518-2910, but did not supply samples. We cannot classify this merchandise without identified samples.

The samples submitted will be returned to you as per your request.

The applicable subheading for the man's down jacket, Style 518-1037 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 percent ad valorem.

The applicable subheading for the woman's down jacket, Style 518-1227 will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-
jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: 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 will be 4.6% ad valorem.

Due to the fact that the styles 518-2266 and 518-1227 are to be filled with a blend of 35% down/65% waterfowl plumage, it is classified as down apparel. Even a slight change in the down content may result in a change in classification, as well as, visa and quota requirements. Styles 518-2266 and 518-1227 may be subject to U.S. Customs laboratory analysis at the time of importation and if the filling is other than 35% down/65% waterfowl plumage, it may be reclassified by Customs at that time.

Style 518-2266, the man's down jacket falls within textile category designation 653. Style 518-1227, the woman's down jacket, falls within textile category designation 634. 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,


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