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NY J86903





August 21, 2003

CLA-2-62:RR:NC:WA:357 J86903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

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

RE: The tariff classification of two men’s jackets and a man’s pair of trousers from China

Dear Ms. Hua:

In your letter dated July 22, 2003, you requested a classification ruling.

Three samples have been submitted as follows: Style name “Stormy Pass” is a man’s thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the upper body and sleeves with a nylon mesh fabric and in the lower body with a woven nylon fabric.

The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure. An overlapping flap with five snaps covers the zipper area. The hood can be rolled up and secured within the garment’s collar by three snaps. The jacket features a zippered pocket with a flap closure below the right chest area, an inner drawcord tightening at the waist, two front pockets with flaps secured by snap closures below the waist, long sleeves with partial elastic and a tab with a hook and loop closure on the cuffs, and a straight cut hemmed bottom. The “C TEC” logo is embroidered onto the left chest.

Style name “Crosswinds” is a man’s thigh-length jacket constructed of a shell composed of a woven color block 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the upper body with a nylon mesh fabric and in the sleeves and lower body with a woven 100% nylon fabric. The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure. An overlapping flap with five snaps covers the zipper area. The jacket features long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, an inner drawcord tightening at the waist, two zippered front pockets covered by an overlay strip of fabric below the waist and a straight cut hemmed bottom with an attached rear powder skirt that is secured by three snaps. The “C Tec” logo is embroidered onto the upper portion of the left chest.

Style name “Nylon Rain Pants” is a man’s pair of pull-on trousers constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the inner surface. The trousers are lined with a nylon mesh fabric. The trousers have an elasticized waistband with an inner drawcord tightening, two front pockets and a rear pocket that are secured by a hook and loop fastener, and long trouser legs with a zipper opening and an adjustable snap tightening at the ankle area.

The samples are being returned to you.

The applicable subheading for styles “Stormy Pass” and “Crosswinds” 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 applicable subheading for style “Nylon Rain Pants” will be 6210.40.5030, 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 trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

Styles “Stormy Pass” and “Crosswinds” fall within textile category designation 634. Style “Nylon Rain Pants” falls 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 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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