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NY F81102




January 24, 2000

CLA-2-62:RR:NC:WA:357 F81102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Martha Spagnuolo
Dash America, Inc.
620 Compton Street
Broomfield, CO 80020

RE: The tariff classification of a man's jacket from China; Visibly Coated

Dear Ms. Spagnuolo:

In your letter received in this office January 4, 2000, on behalf of Dash America, Inc., d.b.a. Pearl Izumi, you requested a classification ruling.

The sample submitted, style number 4667, "Challenge Jacket", is a man's upper thigh-length jacket. In a fax you submitted you indicated that the jacket is constructed of a shell consisting of two fabric components. The first component which is located on the garment's body, sleeves and hood is of a blue color fabric that is constructed of one layer of a woven 100% nylon fabric on the outer surface, one layer of a knit tricot 100% nylon fabric on the inner surface, with a polyurethane plastic membrane in between. The second component located on the garment's rear yoke, shoulders and sleeves is composed of a grey color fabric that is constructed of one layer of a woven 88% nylon fabric/12% spandex fabric on the outer surface, one layer of a knit tricot 100% nylon fabric on the inner surface, with a polyurethane plastic membrane in between. The polyurethane lamination on each fabric component is visible through the knit tricot nylon fabric on the inner surface.

The jacket has an integral hood that features a tab with a "VELCRO"-type fastener and a drawcord tightening. The garment has a full front opening secured by a double pull zipper closure. A flap with two snaps and five "VELCRO"-type fasteners covers the zipper area. The jacket has an inner drawcord tightening at the waist, two front zippered pockets below the waist and underarm zipper openings that are used for ventilation. A tab with a "VELCRO" -type fastener and elastic tightening secures the garment's sleeve cuffs.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket 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 7.3 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.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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