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NY K85837




June 1, 2004
CLA-2-62:RR:NC:WA:357 K85837

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.50.5020

Mr. Steve Seelochan
Free Country, Ltd.
80 West 40th Street
New York, N.Y. 10018

RE: The tariff classification of a man’s jacket and a woman’s jacket from China; Visibly Coated

Dear Mr. Seelochan:

In your letter dated May 5, 2004, you requested a classification ruling.

Two samples were submitted as follows: Style number 35-M4865 is a man’s lower hip-length jacket constructed of a shell composed of a woven twill 100% nylon fabric which has a visible waterproof breathable “Hipora” membrane on the inner surface. The jacket is lined with a knit brushed fleece fabric in the body and a woven man-made fiber fabric in the sleeves and has a nonwoven batting fill.

The jacket has a zip-off hood with a drawcord tightening, a stand-up collar with a drawcord tightening, a full front opening secured by a zipper closure and a storm flap with five hook and loop fasteners that covers the zipper area. The hood can be rolled up and secured within the garment’s collar by a hook and loop fastener. The jacket has long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, a bellows pocket secured by a flap with a hook and loop fastener on the upper portion of the left sleeve, two slanted front pockets with zipper closures located at the waist, four inner pockets and a drawcord tightening at the bottom hem. One of the inner pockets has a flap with a hook and loop closure, one has a zipper closure and one has a clear plastic insert and a hook and loop fastener. The “Free Country” tradename and logo is embroidered onto the right front yoke and is featured on a label located on the lower portion of the left front panel.

Style number 97-L4098 is a woman’s lower hip-length jacket constructed of a shell composed of a woven twill 100% nylon fabric which has a visible waterproof breathable “Hipora” membrane on the inner surface. The jacket is lined in the upper body with a knit fleece fabric and in the lower body and sleeves with a woven man-made fiber fabric and has a nonwoven batting fill. The jacket has an integral hood with a drawcord tightening, a stand-up collar, a full front opening secured by a zipper closure and a storm flap with two snaps and three hook and loop fasteners which covers the zipper area. The garment’s hood can be rolled up and secured within the collar by two hook and loop fasteners. The jacket has long sleeves with the “Free Country” tradename and logo embroidered onto the upper portion of the left sleeve, and partial elastic and a tab secured by hook and loop fasteners that feature the “Free Country” tradename and logo on the cuffs. The garment also has two front in-seam pockets with zipper closures, a drawcord tightening that cinches at the waist and is accessible through the front pockets and a drawcord tightening at the bottom hem.

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

In your letter you suggested classification for the man’s jacket under HTS 6113.00.1005 and for the woman’s jacket under HTS 6113.00.1010 which are classifications for garments made up of knitted or crocheted fabric. The sample garments submitted are constructed of a woven shell fabric. In addition, these subheadings are limited to garments in which the coating is on the outer surface.

The applicable subheading for style 35-M4865 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 applicable subheading for style 97-L4098 will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

Style 35-M4865 falls within textile category designation 634. Style 97-L4098 falls within textile category designation 635. 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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