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NY L85012





June 15, 2005

CLA-2-62:RR:NC:TA:353 L85012

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000

Mr. John F. McManus
Itochu Int’l. Inc.
335 Madison Ave.
New York, NY 10017

RE: The tariff classification of a men’s down jacket from China.

Dear Mr. McManus:

In your letter dated May 17, 2005, on behalf of Prominent USA LLC, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, style 105914 is a man’s jacket composed of woven 100% polyester fabric with down fill. Although you state that the jacket is coated with polyurethane, it is not visible to the naked eye. You state that the jacket contains at least 15% by weight of down and waterfowl plumage, and the down comprises at least 80% of the weight thereof. The garment is designed with two zipper breast pockets and two side zipper pockets. It also features a detachable hood, stand-up collar and a front zipper closure.

The applicable subheading for style 105914 be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets: Of man-made fibers: Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down." The rate of duty will be 4.4% ad valorem. The textile category designation is 653.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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