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NY I81155




April 26, 2002

CLA-2-61 RR:NC:TA:358 I81155

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9030

Renee L. Hoem
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of an outerwear garment for unisex wear from China

Dear Ms. Hoem:

In your letter dated April 17, 2002 you requested a classification ruling.

Submitted style HY4005 is manufactured from polyester fabric which has been treated with “clear monolithic laminate, 9000mm w/pJIS,20,000gm2/24”. It is assumed that the Omni-Tech Silent Rain Plus/Clear fabric, which forms the outershell of style HY4005, is the same fabric that is referred to in ruling file NY B84024, dated May 18, 1998. Therefore, this fabric is not of pile, knit construction, as determined by a U.S. Customs Service laboratory analysis.

Characteristics of this garment include a full-front, zippered opening, covered by a flap, which can be secured to the body of the garment by means of snaps; a detachable hood; a stand-up collar, which can be secured to the body of the garment by means of fasteners similar to the VELCRO brand; long sleeves, the cuffs of which are adjustable by means of fasteners similar to the VELCRO brand; by an elasticized waistband; and by a closed pocket at the lower portion of each of the fronts.

As you have requested, the sample garment is being returned.

The applicable subheading for the garment will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knittedfabrics of heading 5903, 5906 or 5907; other; coats and jackets; other; women’s or girls’. The duty rate will be 7.2 per cent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China may be 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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