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NY K87369




July 16, 2004

CLA-2-62:RR:NC:WA:357 K87369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

Ms. Crystal Boyce
Cutter & Buck
701 N 34th St., Suite 400
Seattle, WA 98103

RE: The tariff classification of a woman’s jacket from Hong Kong

Dear Ms. Boyce:

This letter replaces the ruling letter we sent to you under file number K84560. The purpose of this replacement letter is to correct the classification of a woman’s jacket based on the new information you submitted pertaining to the jacket’s lining fabric, which has a “Rotofil Climliner“ “Aqua Guard” polyurethane coating for water resistance. A corrected letter follows.

In your letter dated March 17, 2004, you requested a classification ruling.

The sample submitted, style number7543-96W “Elite Windsweater”, is a woman’s hip-length jacket constructed of a shell composed of knit and woven fabric. A majority of the front and rear panels are composed of a woven 100% polyester fabric which has been treated with a “Du Pont Teflon” fabric protector and is quilted in a double stitch square shape design to a nonwoven batting fill. The jacket’s sleeves, a strip of insert fabric on the front and rear panels located along the length on the outer portion of the side seams, the collar and the bottom hem are composed of a knit 50% wool/50% acrylic fabric. The garment is partially lined with a knit 100% nylon fabric that has a “Rotofil Climliner” polyurethane “Aqua Guard” coating or film for water resistance. The remainder of the garment is lined with a woven fabric.

The jacket has a full front opening secured by a double pull zipper closure, long sleeves with ribbed-knit fabric cuffs, two front in-seam pockets at the waist and a label on the lower portion of the left pocket that features the “C B Annika” logo. The jacket also has a ribbed-knit fabric collar and waistband.

The sample is being returned to you as you have requested.

According to your letter and test reports you submitted, the woven shell components and the knit Rotofil Climliner are water resistant. The combination of the treated woven shell fabric and the water resistant lining fabric that backs the knit shell portions results in a combination of shell and lining that meets the tariff description for water resistance.

We have not confirmed your test reports in our laboratory; however, the Customs officer handling the import transaction may choose to do so.

Based on your information, the applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman’s or girls’ anoraks, windbreakers and similar articles: of man-made fibers: other: water resistant. The duty rate will be 7.1 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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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