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NY H81531




June 22, 2001

CLA-2-62:RR:NC:WA:357 H81531

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6202.93.2020; 6210.40.5020; 6210.50.5020

Mr. Pete Aram
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man’s jacket and padded sleeveless jacket set and a woman’s jacket and padded sleeveless jacket set from Bangladesh

Dear Mr. Aram:

In your letter dated May 25, 2001, you requested a classification ruling.

Two samples were submitted as follows: Style 180419, “Men’s Storm Fit Back Country Zizo Parka”, is a man’s two-piece set. The two-piece set consists of a thigh-length outer jacket and a hip-length inner padded sleeveless jacket that can be zippered together along the front edges and snapped together at the nape of the neck 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 of style 180419 is constructed of a shell composed of one layer of a woven 100% nylon fabric on the outer surface and one layer of a knit tricot mesh fabric on the inner surface which are bonded together by a polyurethane laminate in between. The polyurethane coating is visible through the knit mesh fabric.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner garment. An overlapping flap with two snaps and three hook and loop fasteners covers the zipper area. The jacket has two front pockets with side zipper closures below the waist, a double pull zipper opening under each armhole for ventilation, long sleeves with inner knit fabric storm cuffs, a tab secured by a hook and loop fastener and elastic on the outer portion of the wrist area and a drawcord tightening through the bottom hem. The “ACG” logo is embroidered onto the left sleeve. An elasticized tab with a snap closure on the inner portion of the collar is used for attaching the inner garment.

The inner padded sleeveless jacket of style number 180419 is constructed of a shell composed of a woven 100% polyester fabric. The shell fabric is quilted to a knit sherpa fleece lining that is composed of a 60% polyester/40% acrylic fabric. The padded sleeveless jacket has a stand-up collar, oversized armholes and a full front opening that is secured by a reversible zipper pull closure. The garment also has two zippered front pockets at the waist, contrasting color piping across the rear yoke and along the length of each side seam and a self-fabric loop on the rear portion of the collar that is used to attach the garment to the outer jacket. A textile label hanging from the lower portion of the left side seam features the “ACG” logo. Embroidered onto the lower portion of the right front panel is the “Clima-Fit” logo.

Style number 261567, “Woman’s Storm Fit Back Country Zizo Parka”, is a woman’s two-piece set. The two-piece set consists of a thigh-length outer jacket and a hip-length inner padded sleeveless jacket that can be zippered together along the front edges and snapped together at the nape of the neck 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 of style 261567 is constructed of a shell composed of one layer of a woven 100% nylon fabric on the outer surface and one layer of a knit tricot mesh fabric on the inner surface which are bonded together by a polyurethane laminate in between. The polyurethane coating is visible through the knit mesh fabric. The jacket has an integral hood with a drawcord tightening, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner garment. An overlapping flap with two snaps and three hook and loop fasteners covers the zipper area. The jacket has two front pockets with side zipper closures below the waist, a double pull zipper opening under each armhole for ventilation, long sleeves with a tab secured by a hook and loop fastener and elastic on the outer portion of the wrist area and a drawcord tightening through the bottom hem. The “ACG” logo is embroidered onto the left sleeve. An elasticized tab with a snap closure on the inner portion of the collar is used for attaching the inner garment.

The inner padded sleeveless jacket of style 261567 is constructed of a shell composed of a woven 100% polyester fabric. The garment is lined with a knit sherpa 60% polyester/40% acrylic fleece fabric. The padded sleeveless jacket has a stand-up collar, oversized armholes and a full front opening that is secured by a reversible zipper pull closure. The garment has two front pockets with side opening at the waist and features contrasting color binding fabric along the length of the front placket, surrounding the edges of the armholes, as trim on the pockets and at the edge of the bottom hem. A self-fabric loop on the rear portion of the collar is used to attach the garment to the outer jacket. A textile label hanging from the lower portion of the left side seam features the “ACG” logo. Embroidered onto the lower portion of the right front panel is the “Clima-Fit” logo.

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

The applicable subheading for the outer jacket of style number 180419 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 7.2 percent ad valorem.

The applicable subheading for the inner padded sleeveless jacket of style number 180419 will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s or boys’ padded, sleeveless jackets of man-made fibers: other. The duty rate will be 15.5 percent ad valorem.

The applicable subheading for the outer jacket of style number 261567 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 7.2 percent ad valorem.

The applicable subheading for the inner padded sleeveless jacket of style number 261567 will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ padded, sleeveless jackets of man-made fibers: other. The duty rate will be 15.5 percent ad valorem.

The outer jacket of style 180419 falls within textile category designation 634. The outer jacket of style 261567 falls within textile category designation 635. Based upon international textile trade agreements products of Bangladesh are presently subject to quota restraints and the requirement of a visa.

The inner padded sleeveless jacket of both styles 180419 and 261567 fall within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are not presently subject to quota restraints but a visa is required

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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