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April 23, 1999

CLA-2-62:RR:NC:3:353 E80072

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000

Ms. Gail T. Cumins
Sharrets, Paley, Carter & Blauvelt
Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a reversible down jacket from China, Singapore, the United Arab Emirates, Malaysia, Cambodia, Sri Lanka and/or Qatar.

Dear Ms. Cumins:

In your letter dated April 1, 1999, on behalf of Foreign Resources Corp., you requested a classification ruling. The sample submitted with the ruling will be returned to you.

The submitted sample is a style 48309 man’s reversible sleeveless jacket filled with 80% down/20% waterfowl plumage. It is assumed for purposes of this ruling that the down and waterfowl plumage comprise 15% or more of the weight of the garment. One side of the jacket is composed of woven 100% nylon fabric while the reverse side is composed of knit 100% polyester fleece fabric. The jacket features a full front opening with a reversible zipper and two side slash pockets on each side. The identical jacket will be imported under style 9004T for tall and big men, style 9004B for boys size 8-20 and style 9004SB for boys size 4-7.

The jacket is classifiable under headings 6101 and 6201. As both sides of a reversible jacket are equally suitable for wear as the outer shell, there is no essential character to the garment. The garment will be classified following GRI 3(c) under the heading which occurs last in numerical order.

The applicable subheading for the style 48309/9004T/ 9004B/9004SB reversible sleeveless jacket 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), wind?breakers 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%.

The style 48309/9004T/ 9004B/9004SB reversible sleeveless jacket 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. Products of Cambodia are not subject to quota but require a visa. Products of Singapore, the United Arab Emirates, Malaysia, Sri Lanka and Qatar are not subject to quota or 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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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