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NY K84474




April 22, 2004
CLA-2-62:RR:NC:WA:357 K84474

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Lee Yuk Yin
Takson Garment Manufacturing Co., Ltd.
5/F, South Wing
Harbour Centre Tower One
1 Hok Cheung St
Hunghom, Hong Kong

RE: The tariff classification of two men’s jacket from China

Dear Ms. Yin:

In your letter received in this office on March 26, 2004, you requested a classification ruling.

Two sample were received as follows: Style number 40122 is a man’s hip-length jacket constructed of a shell composed of a woven microsuede 100% polyester fabric that has a Teflon finishing. The garment is lined in the body with a brushed knit fleece 75% polyester/25% rayon fabric and in the sleeves with a woven 60% polyester/40% nylon fabric that is quilted to a nonwoven batting fill. The garment has an interlining composed of a woven 100% polyester fabric which has a polyurethane coating for water resistance. The interlining fabric does not extend under the 3-inch facing fabric to the edge of the zipper tape on each side of the front opening, leaving a gap of uncoated fabric.

The jacket has a full front opening secured by a zipper closure, long sleeves with a gusset opening at the wrist area and a two-button closure on the cuffs. The garment has a zippered pocket on the left chest, two front slash pockets at the waist, an inner pocket with a hook and loop fastener, a stand-up collar and a bottom hem with elastic on each side.

Style number 40362 is a man’s hip-length jacket constructed of a shell composed of a microsuede 100% polyester fabric that has a Teflon finishing. The garment is lined in the body and sleeves with a woven 60% nylon/40% polyester fabric which has a polyurethane coating for water resistance. The lining does not extend under the 3-inch facing fabric to the edge of the zipper tape on each side of the front opening, leaving a gap of uncoated fabric. The jacket has a full front opening secured by a zipper closure, long sleeves with a two-button closure on the cuffs, two front slash pockets at the waist and three inner pockets. Two of the inner pockets have a hook and loop fastener. The jacket also has a fold-down pointed collar and a straight cut hemmed bottom with two adjustable rear tabs that are secured by button closures.

The presence of gaps in the lining from the facing to the zipper tape on both front panels precludes classification of these jackets as water resistant.

The samples are being returned to you as you have requested.

The applicable subheading for styles 40122 and 40362 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 27.7 percent ad valorem.

Each 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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