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NY J80390




February 6, 2003

CLA-2-62:RR:NC:WA:357 J80390

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

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

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

Dear Ms. Nichols:

In your letter dated January 21, 2003, you requested a classification ruling.

The sample submitted, style number 7022 “Women’s Insulator”, is a woman’s hip-length jacket constructed of a shell composed of a woven high count 100% polyester taffeta fabric that has a “Spylon” fluorocarbon finish on the outer surface and is quilted to a nonwoven polyester batting fill insulation. The garment is lined with a woven 100% nylon taffeta fabric that features the “Spyder” web logo. The jacket is designed for winter sports, primarily ski or snowboarding.

The fluorocarbon finish is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar and a full front opening secured by a double pull zipper closure. The jacket also has two side seam pockets at the waist, long sleeves with elasticized cuffs, a zippered pocket on the left sleeve, a zippered inner pocket and a drawcord tightening at the bottom hem. The garment has reflective piping on the front and rear yokes and along each sleeve, the “Spyder” tradename on the left front yoke and the “Spyder” logo on the rear yoke.

This garment 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 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.9 percent ad valorem.

The jacket falls within textile category designation 635. 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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