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NY F86009




April 20, 2000

CLA-2-62: RR:NC:TA:358 F86009

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.1000, 6202.93.4500

Jeannine Greener
Eddie Bauer
P. O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of children’s jackets from China and Sri Lanka

Dear Ms. Greener:

This ruling replaces the letter sent to you on April 7, 2000 under file number PD F84831. The purpose of this replacement letter is to correct clerical errors concerning the descriptions of Style 032-0024 and Style 032-0026 and the rate of duty for HTSUSA 6202.93.4500. We regret any inconvenience this may have caused you.

You have submitted four outerwear jackets. Copies of excerpts from your catalogue indicate that these jackets are “kid-size” and will be sold as unisex jackets with no distinction in gender. The size range will be 6 through 14/16 also identified as Small through XXLarge. You further state that these jackets are water resistant and have supported your claim with copies of laboratory reports. The fabric specifications state that each of the shell fabrics has a polyurethane coating. Thus, the water resistance is because of a plastics application in accordance with Additional U.S. Note 2 to Chapter 62 of the Harmonized Tariff Schedule of the United States.

Style 032-0022 has an outer shell made from 100% nylon woven fabrics. This jacket has a partial opening secured by a zipper and covered by a “storm flap” that is secured with hook and loop tape. This jacket has long sleeves that are partially elasticized at the wrists, and tightened by hook and loop tape. There is a permanently attached hood. The hood and upper portion of the garment are lined with a fleece fabric; the rest of the garment has a quilted lining. There are a number of pockets and a draw cord at the bottom of the jacket.

Style 032-0020 is similar to Style 032-0022 but it has a full front opening secured by a zipper and covered by a “storm flap” that is secured with hook and loop tape and it also has a somewhat different set of pockets.

Style 032-0026 has an outer shell and a lining made of 100% nylon woven fabrics. This jacket has a full front opening secured by a nylon zipper. This jacket has long sleeves that are finished with a narrow band of rib knit fabric. The same fabric finishes the permanently attached hood. There are side entry pockets on the jacket front. There is a patch pocket on the upper left sleeve and a draw cord at the bottom of the garment. You have stated that this garment has an 85% down and a 15% waterfowl plumage filling and the down weight is 19% of the total garment weight.

Style 032-0024 is similar to Style 032-0026, but is longer. It has a draw cord at the waist and a hemmed bottom. The sleeves are elasticized at the wrists. There are patch pockets on the front below the waist and a patch pocket on the upper left sleeve. You have stated that this garment has the same 85% down and 15% waterfowl plumage filling, but in this style, the down weight is 19.79% of the total garment weight.

The applicable subheading for Styles 032-0020 and 032-0022 will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Water resistant. The rate of duty will be 7.3 percent ad valorem.

The applicable subheading for Styles 032-0024 and 032-0026 will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight ; containing 10 percent or more by weight of down. The duty rate will be 4.5 percent ad valorem.

Styles 032-0020 and 032-0022 fall within textile category designation 635. Based upon international textile trade agreements, products of both China and Sri Lanka are subject to quota and the requirement of a visa.

Styles 032-0024 and 032-0026 fall within textile category designation 654. Based upon international textile trade agreements, products of both China and Sri Lanka 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.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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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