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July 23, 1999

CLA-2-62:RR:NC:WA:357 E84348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Susan Hou
Marmot Mountain Ltd.
2321 Circadian Way
Santa Rosa, CA 95407

RE: The tariff classification of a man’s jacket from China

Dear Ms. Hou:

This letter replaces Binding Ruling letter E82133, dated June 11, 1999, in which the garment was mistakenly described as a woman’s.

The submitted sample, style number 3190 “Crestone Stretch Jacket”, is a man’s jacket constructed of a shell composed of a woven 74% nylon/22% micro nylon/4% spandex fabric which is brushed on the inner surface. The jacket has a built-in hood which is attached to the inner portion of the collar. The hood is composed of an 84% nylon/16% spandex fabric. The garment has a stand-up collar with a drawcord tightening and a full front opening secured by a double pull zipper closure that extends to the top of the garment’s collar. The garment features two handwarmer pockets above the waist, a zippered inner pocket, an inner drawcord tightening at the waist, elasticized sleeve cuffs and a drawcord tightening through the bottom hem. The garment has a zipper opening under each armhole which extends partially along the length of each sleeve. In a phone conversation you stated that the jacket has a “rain stain” fluoropolymer water repellant finish and that the garment fabric does not pass the water resistance test. The new information you submitted supports classification of the garment as a man’s.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 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 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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