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NY H88927





March 20, 2002

CLA-2-62:RR:NC:WA:357 H88927

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6201.93.3511

Ms. Judith Salehzadeh
A.O.T. Customs Service
165 Hansen Ct., Suite 110
Wood Dale, IL 60191

RE: The tariff classification of a man’s jacket and a man’s padded sleeveless jacket from China

Dear Ms. Salehzadeh:

In your letter dated February 14, 2002, on behalf of Genie B’s Specialties, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style name “Freezer Vest”, is a man’s hip-length padded sleeveless jacket constructed of a shell composed of a woven 200 denier 100% nylon fabric and a lining composed of a woven 70 denier 100% nylon fabric, which are quilted together in a diamond pattern to a nonwoven 100% polyester batting fill in between.

The garment is sleeveless with oversized armholes and has a full front opening secured by a zipper closure. The garment features a neck warmer collar composed of a 1x1 ribbed-knit 100% polyester fabric, two front pockets at the waist and a straight cut hemmed bottom.

Style name “Freezer Coat”, is a man’s hip-length jacket constructed of a shell composed of a woven 200 denier 100% nylon fabric and a lining composed of a woven 70 denier 100% nylon fabric which are quilted together in a diamond pattern to a nonwoven 100% polyester batting fill in between. The jacket has a neck warmer collar composed of a 1x1 ribbed-knit 100% polyester fabric, a full front opening secured by a zipper closure, long sleeves with 1x1 ribbed-knit 100% polyester fabric cuffs, two front pockets at the waist and a straight cut hemmed bottom.

In a phone conversation and in a fax you submitted you indicated that neither the jacket nor the padded sleeveless jacket has a water resistant application.

The samples are being returned to you.

The applicable subheading for the padded sleeveless jacket 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 15.3 percent ad valorem.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers: other. The duty rate will be 28.1 percent ad valorem.

The padded sleeveless jacket falls within textile category designation 659. The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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