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NY K85401




May 21, 2004
CLA-2-62:RR:NC:TA:357 K85401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511;6202.93.4500; 6202.93.5011

Ms. Lori J. Pender
Columbia Sportswear Co.
147375 NW Science park Drive
Portland, OR 97229

RE: The tariff classification of two outerwear jackets from Hong Kong

Dear Ms. Pender:

In your letter dated April 22, 2004, on behalf of your subsidiary Mountain Hardwear, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style OM1359, “Men’s Long Sleeve Windshirt, “ is made from a woven 58% nylon/31% polyester/11% elastane fabric, which has an application of rubber or plastics for water resistance. The garment has a half-zipper closure extending to the top of the collar, long sleeves with tabs secured by hook and loop fasteners, an elasticized drawstring at the bottom hem and slant, zippered pockets in the vicinity of the waist.

The second item, style OL1360, “Women’s Long Sleeve Windshirt,” is a women’s jacket made from the same 58% nylon/31% polyester/11% elastane fabric. This item has a partial zipper closure extending to the top of the collar, which also serves as a chinguard for an attached hood, long sleeves with tabs secured by hook and loop fasteners and a kangaroo pocket with zipper closures at the waist.

With your request you provided a copy of an independent laboratory test indicating that the fabric used in these jackets meets the Tariff requirement of less than one gram of water penetration. (See HTS Chapter 62 Additional US Note 2). We have not verified those results in our laboratory; however, the Customs officer handling the transaction at the time of importation may choose to do so.

If meeting the requirements for water resistance in HTS Chapter 62 Additional US Note 2, the applicable subheading for style OM1359 will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements of Additional US Note 2, the applicable subheading for style OM1359 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

If meeting the requirements for water resistance in HTS Chapter 62 Additional US Note 2, the applicable subheading for style OL1360 will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements of Additional US Note 2, the applicable subheading for style OL1360 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

Style OM1359 falls within textile category designation 634; style OL1360 falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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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