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NY I80490




May 13, 2002

CLA-2-62:RR:NC:WA:357 I80490

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

RE: The tariff classification of a man’s jacket from Thailand

Dear Ms. Nichols:

In your letter dated April 8, 2002, you requested a classification ruling.

The sample submitted, style number 4000, “Caribous Insulator”, is a man’s hip-length jacket constructed of a shell composed of a woven 100% polyester taffeta fabric which has a fluorocarbon finish and is quilted to a nonwoven batting fill, and knit stretch inserts composed of a 100% polyester fleece fabric which are located along the entire underarm length of each sleeve, along the side seam length of each front panel and as a strip across the rear panel below the yoke area. The jacket is lined with a knit 100% nylon fabric. The garment is used for winter sports, primarily skiing or snowboarding.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. The garment features a vertical pocket with a zipper closure on the left chest, an inner pocket with a hook and loop fastener, two vertical front pockets with zipper closures at the waist, long sleeves trimmed with elasticized capping fabric at the wrists and a drawcord tightening through the bottom hem. The “Spyder” logo is embroidered onto the left chest pocket and there is a rubberized label with the “Spyder” logo is on the rear yoke.

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

Although you submitted a test report from an independent laboratory indicating that the shell fabric passed the water resistance test, because of large gaps of uncoated fabric along the length of each sleeve, along the length of each front panel and across the rear panel, this garment is not considered to qualify for classification as water resistant.

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 jacket falls within textile category designation 634. Based upon international textile trade agreements products of Thailand 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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