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NY J84963




September 17, 2003

CLA-2-62:RR:NC:TA:357 J84963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6201.93.3521

Ms. Margaret L. Thomas
World Trade Solutions
P.O. Box 610910
DFW Airport, Texas 75261-0910

RE: The tariff classification of outerwear jackets from China

Dear Ms. Thomas:

In your letter dated May 14, 2003, on behalf of B & F Systems, you requested a classification ruling. Please excuse the delay in responding, which was due to laboratory analysis during which the submitted samples were destroyed.

The first item, style GFSMDBM, is an adult sized jacket with a shell made from a woven nylon oxford fabric and a lining of polyester fleece. The jacket has a goose down and feather filling, a full front zipper opening covered by a storm flap with six snaps, vertical opening upper pockets, zippered pockets with flaps at the waist and a rollup hood that stores within the collar. The jacket has hook and loop closures on the sleeve ends and an inner drawstring at the waist.

The second item, style GFSMDR7, is a children’s outerwear jacket. It is similar in design and construction to style GFSMDBM, with the exception that the filling is duck down and feather.

Analysis by our laboratory indicates that neither garment contains sufficient quantities of down to be classified in the subheading for down garments, nor do they qualify as water resistant.

In a conference call involving our offices and the importer, it was revealed that these garments are made to male cutting specifications. In the absence of compelling information to the contrary, they will be regarded as being for males for tariff classification purposes.

The applicable subheading for style GFSMDBM will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, men’s. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for style GFSMDR7 will be 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for other anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, boys’. The duty rate will be 27.9 percent ad valorem.

These jackets fall within textile category designation 634. Based upon international textile trade agreements products of China are subject to quota 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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