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NY K80682




November 28, 2003
CLA-2-62:RR:NC:3:353 K80682

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.1000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a ladies down jacket from China.

Dear Mr. Hoffacker:

In your letter dated November 11, 2003, on behalf of SGA (USA) Inc., you have requested a binding ruling. As requested the sample will be returned to you.

Your submitted sample, style 209266 is a ladies winter jacket. The shell is made of 52% nylon and 48% polyester woven fabric and the filling is 75% down and 25% waterfowl feathers. The jacket features a hood with a drawstring around the face and detachable fake fur trim, long sleeves with hemmed buttoned cuffs, a full frontal opening with a five button right over left closure, two flapped pockets on each side and hemmed bottom. You state that the coat is made up of over 21.5 percent by weight of down.

The applicable subheading for style 209266 will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down. The rate of duty will be 4.4 percent ad valorem.

China is a member of the World Trade Organization (WTO), and the jacket is not currently subject to quota or the requirements of a visa.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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