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NY K88843




September 20, 2004

CLA-2-62:RR:NC:WA:357 K88843

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. Robert E. Haspray
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, N.Y. 12979

RE: The tariff classification of a man’s ski-jacket from Vietnam and China

Dear Mr. Haspray:

In your letter dated August 23, 2004, on behalf of Avalanche Skiwear, you requested a classification ruling.

The sample submitted, I14 “Racy”, is a hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible breathable polyurethane coating on the inner surface. The jacket is lined with a woven 100% nylon fabric that is quilted to a nonwoven “Thinsulate CDS 100” insulation.

The jacket has a full front opening secured by a zipper closure, a zip-off hood with a drawcord tightening, and long sleeves that have elasticized cuffs and additional inner elastic storm cuffs at the wrist area. The garment’s hood and stand-up collar are lined with a fleece fabric. The garment has two chest pockets with zipper closures that are covered by an overlay of fabric across the yoke area, an eyelet on the left overlay fabric that is used as an opening for a radio antenna, two front pockets with zipper closures at the waist, a zipper opening under each armhole for ventilation, and a zippered pocket on the upper portion of the rear panel that is covered by an overlay of fabric across the yoke area. The “Avalanche” tradename and logo are embroidered onto the right front yoke area, a patch with the “Avalanche” logo is on the left sleeve and each zipper has a pull that features the “Avalanche” tradename and logo. The garment has five inner pockets. Two of the pockets are vertical and have zipper closures, two are composed of a mesh fabric that are secured by a tab with a snap closure and one is designed to hold a cell phone. Other features on the inner portion of the jacket are an elasticized snow skirt secured by a tab with two snaps, a clear plastic enclosure used to display a pass, a zipper opening located between the shell fabric and the lining fabric on the rear portion of the bottom hem and a drawcord tightening through the bottom hem.

In a phone conversation you indicated that the jacket is cut to men’s specifications.

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

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. Products of Vietnam are not presently subject to quota restraints or 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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