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NY H84104




August 8, 2001

CLA-2-62:RR:NC:WA:357 H84104

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.9025

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a flocked jacket from Hong Kong

Dear Mr. Imbrogulio:

In your letters dated May 21, and July 24, 2001, you requested a classification ruling.

Two samples, a man’s thigh-length jacket and a swatch of fabric, were submitted for style number 85001DZ178. The man’s jacket is a representative sample of how the garment will be constructed and styled when it is imported into the United States. The swatch of fabric which is composed of a three-layer construction will be used to manufacture the shell of the jacket when it is imported into the United States. The swatch of fabric is constructed of a base fabric of a woven 65% cotton/35% nylon fabric which has had a layer of glue applied to one surface and then it is covered with a poly-acrylic flocking material which forms the interior surface. The garment is lined with a woven man-made fiber fabric.

The jacket has a pointed fold-down collar and a full front opening that is secured by a zipper closure. An overlapping flap with five left-over-right button closures covers the zipper area. The jacket also has two chest pockets with flap closures, an inner drawcord tightening at the rear waist, two front pockets with flap closures below the waist, two inner pockets with hook and loop fasteners, long hemmed sleeves and a straight cut hemmed bottom.

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

The base woven fabric determines the classification. When constructed of the identical woven 65% cotton/35% nylon fabric with the visible poly-acrylic flocking material on the inner surface the applicable subheading for the jacket will be 6210.40.9025, 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: other: other: anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.3 percent ad valorem.

The jacket falls within textile category designation 334. Based upon international textile trade agreements products of Hong Kong 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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