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NY I82367




July 5, 2002

CLA-2-62:RR:NC:3:353 I82367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000, 6202.93.1000

Ms. Amanda Wilson
Dillard’s Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of an outerwear slicker and jacket from the Philippines and/or China.

Dear Ms. Wilson:

In your letter dated June 5, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Styles F21CW405 slicker and F21CW500 jacket.

Style F21CW405 Women’s Slicker is constructed of an outer shell of woven 100% nylon fabric that is visibly coated on the inner surface with polyurethane plastic. The garment features a full front zipper and snap flap closure, long sleeves with adjustable hook and loop cuffs, a hemmed bottom, hood with drawstring, two flap with zipper pockets at the waist and full polyester lining.

Style F21CW500 Women’s Down Jacket is constructed of an outer shell of woven 55% polyester, 45% nylon fabric that is stated to be coated on the inner surface with polyurethane plastic. The coating is not visible. The garment is approximately 23% by weight of down and waterfowl plumage of which approximately 90% is down. The garment features a full front zipper and snap flap closure, long sleeves with interior rib knit cuffs, drawstring waist, detachable hood, two snap flap and two side slash pockets at the waist and full lining.

The applicable subheading for the Style F21CW405 Women’s Slicker will be 6210.30.5000, 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 garments, of the type described in subheadings 6202.11 to 6202.19: Of man-made fibers: Other.” The duty rate will be 7.2%. The textile category designation is 635.

The applicable subheading for the Style F21CW500 Women’s Down Jacket will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight.” The duty rate will be 4.5% ad valorem. The textile category designation is 654.

The Philippines and China are members of the World Trade Organization (WTO), and the category 654 down jacket is not subject to quota or the requirements of a visa. However, based upon international textile trade agreements the category 635 slicker is 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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