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July 16, 1999

LA-2-62:RR:NC:WA:357 E83463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6202.13.4020; 6202.93.4500; 6202.93.5011

Mr. Thomas M. Stanton
Edward M. Jones & Company
7804 NE Airport Way
Portland, OR 97218

RE: The tariff classification of a man’s jacket, a woman’s short coat and a woman’s jacket from China

Dear Mr. Stanton:

In your letter dated June 7, 1999, on behalf of Airwair USA LLC, you requested a classification ruling.

Three samples were submitted as follows: Style number MAW034 is a man’s upper thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric. The jacket is lined with a knit 100% cotton fabric. In a phone conversation and in a fax you submitted you stated that the jacket has a polyurethane coating.

The jacket features a fold-over collar and a full front opening which is secured by six left-over-right snap closures. The garment has a left chest pocket that is secured by a zipper closure and a flap with a “VELCRO”-type fastener. The garment also has two front slash pockets at the waist, a pocket on the left sleeve that is secured by a flap with a “VELCRO”-type fastener and a snap closure on each sleeve cuff. The garment has a straight cut bottom hem with no tightening element. The “DM’s Dr.Martens” logo is featured on the left chest pocket and on the left sleeve.

Style number GAW034 is a woman’s short coat. The coat is constructed of a shell composed of a woven 100% polyester fabric that is quilted in a square pattern to a nonwoven batting fill. The garment is lined with a woven 100% nylon fabric. In a phone conversation and in a fax you submitted you stated that the garment has a polyurethane coating. The coat is above the knee in length, is fitted at the waist and flares gently in an A-shape from the waist to the bottom hem. The coat has a fold-over pointed collar and a full front opening which is secured by a zipper closure that extends to the top of the garment’s collar. The garment has two zippered front pockets located below the waist. There are no tightening elements either on the sleeve cuffs or at the bottom hem.

Style number GAW033 is a woman’s waist-length jacket constructed of a shell composed of a woven 100% polyester fabric. The garment is lined with a woven 100% nylon lining and has a nonwoven batting fill. In a phone conversation and in a fax you submitted you stated that the jacket has a polyurethene coating. The jacket has an integral hood that is surrounded at the edge by an imitation fur ruff. The jacket has a full front opening secured by a double pull zipper closure, two double entry front pockets secured by flap closures, sleeve cuffs that are partially composed of a ribbed-knit fabric and a straight cut bottom hem which has no tightening element.

Although the samples have an application of polyurethane, you have advised us that you do not have information regarding water resistance. It is Customs’ policy not to routinely test for water resistance on samples that are submitted for a ruling. Generally, this is performed at the time of importation at the discretion of the responsible Customs officer.

The samples are being returned to you.

If style number MAW034 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style number MAW034 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for style number GAW034 will be 6202.13.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers. The duty rate will be 28.6 percent ad valorem.

If style number GAW033 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style number GAW033 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

Style number MAW034 falls within textile category designation 634. Style numbers GAW034 and GAW033 fall within textile category designation 635. Based upon international textile trade agreements products of China, Hong Kong or the United Arab Emirates are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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