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NY J82743




April 15, 2003

CLA-2-62:RR:NC:WA:357 J82743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

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

RE: The tariff classification of a man’s ski-jacket from China

Dear Ms. Nichols:

In your letter dated March 18, 2003, you requested a classification ruling.

The sample submitted, style number 1209 “Challenger Jacket”, is a man’s hip-length jacket constructed of a shell composed of a dobby weave 100% nylon fabric which has a visible 100% polyurethane waterproof breathable membrane on the inner surface and a fluorocarbon water repellent finish on the outer surface. The jacket is lined in the body with a woven 57% nylon/43% polyester ripstop taffeta fabric and in the sleeves with a woven 100% nylon fabric and has a nonwoven polyester batting insulation. The jacket is designed for winter sports, primarily skiing and snowboarding.

The ski-jacket has a zip-off hood with a drawcord tightening, a stand-up collar that is composed of a brushed fabric on the inner surface and a full front opening that is secured by a zipper closure which extends to the top of the collar. The garment’s hood can be rolled up and stored within the collar by a zipper closure. A storm flap with four hook and loop fasteners and four snap closures covers the zipper area. The jacket has two vertical chest pockets with zipper closures that are covered by a flap with a hook and loop fastener, a lens wiping cloth with an elasticized shock cord in the left chest pocket, a zippered vertical chest pocket under the storm flap, a zippered vertical chest pocket on the inner portion of the front placket, an inner mesh goggle pocket, an inner “flasher” pass pocket, an inner powder skirt with gripper elastic, two front pockets with zipper closures at the waist, a key holder clasp inside the right front pocket, a zipper opening under each armhole for ventilation and a drawcord tightening at the bottom hem. The “Spyder” tradename and logo is featured on various areas of the jacket.

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

The applicable subheading for the jacket will be 6210.40.5020, 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 men’s or boys’ 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 634. 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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