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NY H82318




June 22, 2001

CLA-2-62:RR:NC:3:353 H82318

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040

Mr. Irwin Hosea
Whaling Mfg. Co.
387 Quarry St.
Fall River, MA 02723

RE: The tariff classification of outerwear from China.

Dear Mr. Hosea:

In your letter dated June 5, 2001 you requested a classification ruling.

The submitted samples are men’s Styles 915F1 and 916F1 Coats constructed of an outer shell of nonwoven 60% nylon, 40% polyurethane fabric. Style 915F1 is knee length and features a sewn-in and removable lining, collar, full front zipper closure with four button storm flap, two front slash pockets, two front flap pockets and one inner zipper side slash pocket. Style 916F1 is knee length and features a sewn-in and removable lining, collar, removable additional collar, full front left over right five-button closure, two front side slash pockets and one inner zipper side slash pocket.

The nonwoven fabric, commonly known as “amaretta,” is a man made fabric that resembles suede leather. The fabric is made from ultra-fine fibers of 0.0001 denier (diameter approximately 0.1 micron). Two polymers are combined with polyurethane and then one of the polymers is dissolved and extracted leaving micropores in the material. The nonwoven fabric is classifiable under heading 5603. Any garment of nonwoven fabric is classifiable in heading 6210, specifically under subheading 6210.10 as “Garments of fabrics of heading 5602 or 5603.”

The applicable subheading for the Styles 915F1 and 916F1 Coats will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate will be 16.3%.

The Styles 915F1 and 916F1 Coats fall within textile category designation 659. Based upon international textile trade agreements products of China 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. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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