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July 22, 1999

CLA-2-62:RR:NC:WA:357 E84734

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 6210.50.5025; 6210.40.5020; 6201.93.1000

Mr. Jeffrey A. Meeks
Meeks & Sheppard
1735 Post Road
Fairfield, Connecticut 06430

RE: The tariff classification of down-filled outerwear garments from China; visible coating

Dear Mr. Meeks:

In your letter dated July 12, 1999, on behalf of Gap, Inc., you requested a classification ruling. Five samples were submitted and are being returned.

Style #404558 is a women’s jacket approximately twenty-seven inches in length with a full front zippered opening. It has a funnel hood with an elasticized drawstring, side-seam pockets at the waist and additional zippered pockets in the left front and on the left sleeve, a storm flap with VELCRO-type closures over the zipper, tabs with VELCRO-type fasteners on the cuffs, an elasticized drawstring at the bottom hem and a quilted fleece lining. Embroidered on the left sleeve tab are the words, “Old Navy.” The garment’s shell is a ripstop nylon.

Style #404559 is a women’s padded, sleeveless jacket approximately twenty-three inches in length. It has a full front opening with a zip-through, stand-up collar, slant, zippered pockets at the waist, a zippered vertical-opening pocket on the left chest and a fleece lining. “Old Navy” is embroidered on the back just below the collar. The shell fabric is ripstop nylon and is quilted to the lining.

Style #406351 is a men’s reversible padded, sleeveless jacket approximately thirty inches in length. One side is a fleece material with slant pockets at the waist, while the other is a ripstop nylon, also with slant pockets at the waist. Quilting joins both sides. The garment has a full front opening with a zip-through collar and an elasticized drawstring at the waist. The zipper has a reversible pull.

Style #406386 is a men’s jacket approximately thirty inches in length with a full front zipper opening. The zipper extends to the top of the collar. The jacket has a detachable hood with an elasticized drawstring, VELCRO-type tabs on the partially elasticized sleeve ends, zippered pockets at the waist and another in the left chest, an elasticized drawstring at the waist and a fleece lining. The shell is made of ripstop polyester and is quilted to the lining.

Style #616176 is a boys’ jacket approximately twenty-four inches in length. It has a full front opening with a zipper closure extending to the top of the stand-up collar. The zipper is covered with a storm flap that is secured by VELCRO-type closures. The jacket has a zip-off hood, partially elasticized sleeve ends with VELCRO-type tabs, zippered pockets at the waist and a fleece lining. The shell is made of ripstop nylon and is quilted to an interlining.

Each of the submitted samples has a woven outershell which has been coated on its inner surface with a plastics substance. The garments also are down-filled and, based on weight breakdowns you submitted, qualify for classification as down garments in heading 6201 or 6202. The issue presented is whether the coatings meet the tariff requirements for the garments to be classified in heading 6210, HTS, which provides for, among other things, garments made up of fabrics of heading 5903, 5906 or 5907.

Examination of the coated fabric of each sample indicates that styles 404558, 404559, 406386 and 616176 are visibly coated as that term is defined in the HTS; style 406351 is not visibly coated. In accordance with Legal Note 5 to Chapter 62, HTS, garments which are, prima facie, classifiable both in heading 6210 and in other headings of the chapter, excluding heading 6209, are to be classified in heading 6210.

The applicable subheading for style 404558 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: anoraks, windbreakers and similar garments of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style 404559 will be 6210.50.5055, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for styles 406386 and 616176 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s and boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: anoraks, windbreakers and similar garments of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style 406351 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ anoraks, windbreakers and similar garments (including padded, sleeveless jackets) of man-made fibers, containing 10 percent or more by weight of down. The duty rate will be 4.6 percent ad valorem.

Style 404558 falls within textile category designation 635; styles 404559 falls within category 659; styles 406386 and 616176 fall within category 634; style 406351 falls within category 653. 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 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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