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NY J83339




May 7, 2003

CLA-2-62:RR:NC:WA:357 J83339

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.9025

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

RE: The tariff classification of a man’s jacket and a man’s parka from China; Visibly Coated

Dear Ms. Wilson:

In your letter dated April 9, 2003, you requested a classification ruling.

Two samples were submitted as follows: Style number F35CX402 is a man’s lower hip-length jacket constructed of a shell composed of a woven 100% wool fabric which has a visible polyurethane membrane on the inner surface. The jacket is lined in the body with a woven quilted 100% cotton fabric and in the sleeves with a woven quilted 100% rayon fabric.

The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. An overlapping flap with a one-button closure at the neck and a one-button closure at the bottom hem covers the zipper area. The jacket features two chest pockets with flaps secured by a one-button closure, two inner pockets, two vertical front pockets with zippers and two vertical front pockets without zippers located at the waist, long vented sleeves with a one-button closure on the cuffs and a straight cut hemmed bottom with two adjustable tabs on the rear panel that are secured by metal “D” ring fasteners.

Style number F35CX504 is a man’s thigh-length parka constructed of a shell composed of a woven 100% cotton fabric which has a visible polyurethane membrane on the inner surface. The garment is lined in the body with a woven 100% polyester fabric and in the sleeves and hood with a woven 100% nylon fabric and has a down and feather fill.

The parka has an integral hood with a drawcord tightening and a detachable fake fur ruff, a full front opening secured by a zipper closure, and an overlapping flap with five hook and loop fasteners that covers the zipper area. The parka features two handwarmer pockets above the waist secured by flaps with a hook and loop fastener, two very large double entry pockets with flaps secured by a hook and loop fastener below the waist, long hemmed sleeves with a zippered pocket and two pencil pockets on the left sleeve and inner storm cuffs composed of a ribbed-knit fabric. The parka also features two inner pockets with hook and loop fasteners, two small inner mesh pockets, an inner drawcord tightening at the waist, an inner snow skirt with elastic tightening and a tab that is secured on the front portion of the waist by a hook and loop fastener, and two large inner pockets with tabs secured by an adjustable snap closure.

The samples are 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 style numbers F35CX402 and F35CX504 will be 6210.40.9025, 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: other: other: other than of man-made fibers, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.2 percent ad valorem.

Each garment falls within textile category designation 334. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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