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April 15, 1999

CLA-2-62:RR:NC:3:353 D89358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.1000

Ms. Margaret R. Polito
Neville, Peterson & Williams
80 Broad Street - 34th Floor
New York, NY 10004

RE: The tariff classification of down anoraks from China.

Dear Ms. Polito:

In your letter dated March 22, 1999, on behalf of Fieldstone Clothes, Inc., you requested a classification ruling. The sample submitted for examination by Customs will be returned to you.

The garment called an RC Boys Polydown Jacket is a boy’s anorak with an outer shell of woven 100% cotton fabric and a 100% man-made fiber lining. The anoraks are filled with a mixture of a down, waterfowl plumage and polyester fiber fill. They extend to the fingertips of the wearer and feature long sleeves, a removable hood, four cargo pockets, an elasticized waist, and a full front opening that is secured by a zipper and covered by a storm flap. Specifications were provided for the anoraks in three different sizes, Styles 29375 (size 3), 49375 (size 5/6) and 69375 (size 10/12).

Based on the stated weights of the components, Style 29375 (size 3) is 16% down and waterfowl plumage by weight, of which down comprises 70% by weight; alone the down comprises 11.2% of the weight of the garment. Style 49375 (size 5/6) is 15.9% down and waterfowl plumage by weight, of which down comprises 70% by weight; alone the down comprises 11.1% of the weight of the garment. Style 69375 (size 10/12) is 16.2% down and waterfowl plumage by weight, of which down comprises 70% by weight; alone the down comprises 11.3% of the weight of the garment.

The applicable subheading for the Styles 29375 (size 3), 49375 (size 5/6) and 69375 (size 10/12) RC Boys Polydown Jackets will be 6201.92.1000, 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), wind?breakers and similar articles (including padded, sleeveless jackets): Of cotton: 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.

Styles 29375 (size 3), 49375 (size 5/6) and 69375 (size 10/12) RC Boys Polydown Jackets fall within textile category designation 353. Based upon international textile trade agreements products of China are subject to a quota and the requirement of a visa.

Even a slight change in the down and/or waterfowl plumage content may result in a change in classification, as well as, in visa and quota requirements. The Styles 29375 (size 3), 49375 (size 5/6) and 69375 (size 10/12) RC Boys Polydown Jackets may be subject to U.S. Customs laboratory analysis at the time of importation and if the filling is other than stated, it may be reclassified by Customs at that time.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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