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NY I88916




December 9, 2002

CLA-2-62:RR:NC:WA:357 I88916

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Ms. Lydia Hua
Greenland Sales Corp.
P.O. Box 71 Ellicott Station
Buffalo, N.Y. 14205-0071

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

Dear Ms. Hua:

In your letter dated November 15, 2002, you requested a classification ruling.

Three samples were submitted as follows: Style name “Snuggy Vest” is a man’s hip-length padded sleeveless jacket; style name “Snuggy Jacket” is a man’s hip-length jacket; and style name “Snuggy Pants” is a man’s pair of trousers. Each garment is worn for winter activities and has a shell constructed of a woven 100% nylon fabric which has a polyurethane coating. Each garment has a woven 100% nylon fabric lining that is quilted to a nonwoven polyester batting insulation.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

Style “Snuggy Vest” has a stand-up collar, oversized armholes and a full front opening that is secured by a zipper closure that extends to the top of the collar. The garment also has a vertical pocket with a zipper closure on the left chest and elasticized capping fabric surrounding the edge of the armholes and at the bottom hem. The “Chinook” logo is featured on the rear yoke.

Style “Snuggy Jacket” has a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar and long sleeves with elasticized capping fabric at the wrist area. The jacket also has a vertical pocket with a zipper closure on the left chest, two front in-seam pockets at the waist and elasticized capping fabric at the bottom hem. The “Chinook” logo is featured on the rear yoke and on the lower portion of the left sleeve.

Style ‘Snuggy Pants” is a pull-on pair of trousers that has an elasticized waistband, a woven textile strap that fastens through the waistband and is secured in the front by a plastic buckle and a right back pocket with a zipper closure below the waist. The long trouser legs feature double pull ¾-length side zippers on the outer edge and elasticized ankle cuffs. The “Chinook” logo is featured on the front portion of the left leg.

The samples are being returned to you.

The applicable subheading for the “Snuggy Vest” 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. The duty rate will be 15.3 percent ad valorem. Effective January 1, 2003, the duty rate will be 15.1 percent ad valorem.

The “Snuggy Jacket” is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem. The duty rate will remain the same in 2003.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem. Effective January 1, 2003, the duty rate will be 27.9 percent ad valorem.

The “Snuggy Pants” is eligible for classification as water resistant. If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys’ water resistant trousers or breeches: of synthetic fibers. The duty will be 7.2 percent ad valorem. The duty rate will remain the same in 2003.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 28.3 percent ad valorem. Effective January 1, 2003, the duty rate will be 28.1 percent ad valorem.

The “Snuggy Vest” falls within textile category designation 659. The “Snuggy Jacket” falls within textile category designation 634. The “Snuggy Pants” fall within textile category designation 647. 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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