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NY E85814




September 1, 1999

CLA-2-62:RR:NC:WA:357 E85814

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.30.5000; 6210.50.5020

Mr. Patrick Pascarella
Viking Sea Air Freight
486 Sunrise Highway
Rockville Centre, New York 11570

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

Dear Mr. Pascarella:

In your letter dated August 10, 1999, on behalf of Presidio International, Inc., you requested a classification ruling.

Three samples were submitted as follows: Style M6B065 is a man’s hip-length jacket constructed of a shell composed of a woven quilted 56% polyester/44% cotton fabric that has a visible polyurethane coating on the outer surface. The coating does not completely obscure the underlying fabric. The garment is lined with a woven 100% acetate fabric and has a nonwoven batting fill.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. An overlapping flap with six snaps covers the zipper area. The garment has two side seam pockets at the waist, two inner pockets, long sleeves with elasticized cuffs and an elasticized waistband. A textile label located below the left side seam pocket features the “Armani A/X Exchange” logo.

Style number M5K272 is a woman’s hip-length jacket constructed of a shell composed of a woven quilted 100% nylon fabric that has a visible polyurethane coating on the outer surface. The coating does not completely obscure the underlying fabric. The garment is lined in the body with a knit fleece fabric, in the sleeves with a woven man-made fiber fabric and it has a nonwoven batting fill.

The jacket has an integral hood with a drawcord tightening and a stand-up collar secured at the neck by a self-fabric tab with a snap closure. The hood can be rolled up and secured within the garment’s collar by a zipper closure. The jacket has a full front opening with a double pull zipper closure. The garment features two side seam pockets at the waist, an inner pocket, long sleeves with a snap closure on each cuff and a straight cut bottom hem.

Style number M5L207 is a woman’s coat constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the outer surface. The coating does not completely obscure the underlying fabric. The garment is lined with a woven man-made fiber fabric that is quilted to a nonwoven batting fill.

The coat extends to the knee area and has a full front opening secured by a double pull zipper closure. An overlapping flap with three “VELCRO”-type fasteners covers the zipper area. The coat has a stand-up collar and features an additional detachable imitation fur collar that is held to the garment by three buttons and two “VELCRO”-type fasteners. The coat has two front slash pockets below the waist, two inner pockets along the front plackets, long hemmed sleeves and a back vent.

The samples are being returned to you.

The applicable subheading for style number M6B065 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style number M5K272 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style number M5L207 will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.4 percent ad valorem.

Style number M6B065 falls within textile category designation 634. Style numbers M5K272 and M5L207 fall within textile category designation 635. 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.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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