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NY I83453




July 25, 2002

CLA-2-62:RR:NC:WA:357 I83453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020

Mr. Steve Seelochan
Free Country Ltd.
80 West 40th Street
New York, N.Y. 10018

RE: The tariff classification of a woman’s reversible jacket from China

Dear Mr. Seelochan:

In your letter dated April 29, 2002, received in this office July 3, 2002, you requested a classification ruling.

The sample submitted, style number PL-20132, is a woman’s hip-length reversible jacket. One shell of the jacket is constructed of a woven 100% nylon fabric which is not coated. The other shell is constructed of a woven 100% nylon fabric which is visibly coated on the outer surface with polyurethane. The garment has a nonwoven polyester batting fill.

The coating does not completely obscure the underlying nylon fabric.

The jacket has a neck warmer collar composed of a ribbed-knit fabric, a full front opening secured by a reversible zipper pull closure, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The polyurethane coated nylon fabric shell has two front slash pockets at the waist, a self-fabric locker loop on the rear portion of the collar and a self-fabric loop at each wrist area. The “PellePelle” tradename is printed over the entire shell fabric and is embroidered onto the rear yoke. The uncoated nylon fabric shell has two front slash pockets at the waist.

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

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both heading 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210.

The applicable subheading for the jacket will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 635. 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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