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NY L85029




June 15, 2005

CLA-2-62:RR:NC:WA:357 L85029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020

Mr. John F. McManus
Itochu International, Inc.
335 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a woman’s ski-jacket from China

Dear Mr. McManus:

In your letter dated May 18, 2005, on behalf of Prominent USA LLC, you requested a classification ruling.

The sample submitted, style number 105922, is a woman’s lower hip-length ski-jacket constructed of a shell composed of a woven 100% nylon fabric which is visibly coated on the inner surface with polyurethane. The jacket is lined with a woven fabric in the front panels and sleeves and with woven and knit fabric inserts in the rear panel and has a nonwoven batting fill.

The jacket has a full front opening secured by a double pull zipper closure that extends to the chin area, an integral hood with a drawcord tightening and a storm flap with six hook and loop fasteners that covers the front zipper area. The jacket has an additional knit balaclava hood that can be rolled up and stored within a lining pocket at the nape of the neck. The garment has two hand warmer pockets with zipper closures above the waist, two front pockets with zipper closures below the waist, long hemmed sleeves that have a zipper opening with a mesh insert on the upper portion of each sleeve for ventilation, a tab with a hook and loop fastener at the wrist area, inner storm cuffs, two zipper openings with a mesh insert on the rear panel for ventilation and a drawcord tightening through the bottom hem. The jacket has two zippered inner chest pockets, a cell phone pocket with a flap secured by a hook and loop fastener on the left inner pocket, a pocket with a clear plastic insert on the right inner pocket and a detachable inner elasticized snow skirt that is secured at the front portion of the waist area by a tab with adjustable snap closures. The garment has a detachable case with a clear plastic insert that is attached to the lower portion of the lining fabric by an elasticized tab with a snap closure.

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

You indicate in your letter that this jacket may be imported and either sold alone or with matching pants as a ski-suit. This ruling pertains only to the sample jacket submitted.

The applicable subheading for the jacket 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.

The jacket 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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