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NY K82919




February 25, 2004
CLA-2-62:RR:NC:WA:357 K82919

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Tricia Richter
Encore Forwarding, Inc./Keystone Logistics One Cross Island Plaza
Rosedale, N.Y. 11422

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

Dear Ms. Richter:

In your letter dated February 3, 2004, on behalf of Mornington Corp., you requested a classification ruling.

The sample submitted, style JFL-BK, is a man’s lower hip-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 with a woven 100% nylon fabric. The jacket has a zip-out liner that is composed of a woven 100% polyester shell and a woven 100% nylon lining that are quilted together in a diamond pattern with a nonwoven polyester batting fill in between. The liner is not of the type that can be worn separately.

The jacket has a full front opening secured by a double pull zipper closure, long hemmed sleeves, two chest pockets with flaps secured by snap closures and two front slanted pockets at the waist. The jacket also has epaulets that are held to the garment by textile loops and a button closure, a tab with two grommets on the left front yoke that may be used to secure a badge to the jacket, expandable rear armholes that allow for easy movement, two side seam zipper openings and a straight cut hemmed bottom with two inner elasticized tabs secured by a snap closure. The jacket has a double collar. The inner collar is composed of the same fabric as the jacket. The outer collar is detachable and is composed of a fake fur on the outer surface.

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 7.1 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 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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