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NY G82099





October 12, 2000

CLA-2-62:RR:NC:WA:357 G82099

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6210.40.5020

Ms. Astra Galins
CYRK, Inc.
101 Edgewater Drive
Wakefield, MA 01880-5374

RE: The tariff classification of a man's double jacket set from China, Macau, Taiwan or Bangladesh

Dear Ms. Galins:

In your letter dated September 12, 2000, you requested a classification ruling.

The sample submitted, style number M01-10, is a man's double jacket set. The two piece set consists of a thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and buttoned together at the wrists so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a woven man-made fiber fabric.

The outer jacket has a stand-up collar, a full front opening that is secured by a double pull zipper closure that extends to the top of the garment's collar and a secondary zipper for attaching the inner jacket. An overlapping flap with five snaps covers the zipper area. The jacket features a detachable hood with a drawcord tightening that is held to the garment by five snaps, a pocket on the left chest that has a vertical zipper closure, a pocket on the right chest that has a flap with a snap closure, a zippered inner pocket, an inner drawcord tightening at the waist, two double entry front pockets secured by flaps with snap closures below the waist and a drawcord tightening through the bottom hem. The jacket has long sleeves, a pocket secured by a flap with a snap closure on the right sleeve, a zipper opening on the under portion of each sleeve that can be used for ventilation, a button on the inner portion of each cuff that is used to attach the garment to the inner jacket and a tab with a hook and loop fastener on the outer portion of each cuff. The garment has contrasting color overlay strips of fabric on the front and rear yokes and along the length of each sleeve.

The inner jacket is constructed of a shell composed of a 100% polyester finely knit fabric which is napped on the inside and outside surfaces. The garment has an overlay of woven nylon fabric on the front and rear yokes, on the inner portion of the collar, on the shoulders and on the upper portion of each sleeve. The jacket has a stand-up collar, a full front opening that is secured by a zipper closure that extends to the top of the garment's collar, a zipper pocket on the left chest, a zippered inner pocket, two front pockets with zipper closures at the waist and a drawcord tightening through the bottom hem. The garment has long sleeves with an elasticized loop and elasticized capping on the cuffs. The elasticized loop is used to attach the garment to the outer jacket.

The samples are being returned to you as you have requested.

The applicable subheading for the outer 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 applicable subheading for the inner jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other men's. The duty rate will be 28.9 percent ad valorem.

The outer jacket and the inner jacket fall within textile category designation 634. Based upon international textile trade agreements products of China, Macau, Taiwan or Bangladesh 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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