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NY L84466




May 26, 2005

CLA-2-62:RR:NC:WA:357 L84466

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6202.93.5011

Ms. Cindi Dykeman
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man’s and a woman’s jacket from Canada

Dear Ms. Dykeman:

In your letter dated April 26, 2005, you requested a classification ruling.

Two samples were submitted as follows: Style number 196667 – “FA ’05 Men’s Windrunner Jacket”, is a man’s hip-length jacket with an upper body portion consisting of the shoulders and v-shaped front and rear yokes, a hood and sleeves composed of a woven 100% polyester fabric, and the remainder of the front and rear body panels composed of cow suede. Information you submitted indicates that the woven polyester fabric portion is 56.4% of the visible surface area and the suede portion is 43.6% of the visible surface area. The garment is lined entirely with a woven nylon fabric. The woven polyester portions of the shell fabric have a nonwoven batting fill.

Style number 250663 – “FA ’05 Women’s Windrunner Jacket”, is a woman’s hip-length jacket with an upper body portion consisting of the shoulders and v-shaped front and rear yokes, a hood and sleeves composed of a woven 100% polyester fabric, and the remainder of the front and rear body panels composed of cow suede. Information you submitted indicates that the woven polyester fabric portion is 55.7% of the visible surface area and the suede portion is 44.3% of the visible surface area. The garment is lined entirely with a woven nylon fabric. The woven polyester portions of the shell fabric have a nonwoven batting fill.

Both jackets have a full front opening secured by a double pull zipper closure, long hemmed sleeves with a zipper opening at the wrist area, two front slash pockets at the waist, a straight cut hemmed bottom and the “Nike” tradename and logo embroidered onto the left front yoke area. The man’s jacket has an integral hood and an inner pocket trimmed with suede. The woman’s jacket has a stand-up collar. The samples are being returned to you as you have requested.

The applicable subheading for style number 196667 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: other. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for style number 250663 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, windbreakers and similar articles: of man-made fibers: other. The duty rate will be 27.7 percent ad valorem.

Style number 196667 falls within textile category designation 634. Style number 250663 falls within textile category designation 635. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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