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NY L87396





September 9, 2005

CLA-2-62:RR:NC:TA:357 L87396

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000; 6202.93.1000

Mr. Thomas MacMahon
Gap Inc.
345 Spear St.
San Francisco, CA 94105

RE: The tariff classification of two outerwear jackets from China

Dear Mr. MacMahon:

In your letter dated August 15, 2005, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, Banana Republic style 338566, has a shell made from a 100% silk satin weave fabric, a 100-gram polyester filling and a satin weave lining. The jacket is waist length and has a full front opening with two hook closures and a self-fabric tie belt. This jacket also has on-seam pockets at the waist, a pointed collar and notched lapel and long, hemmed raglan sleeves.

The second item, Banana Republic style 338554, has a 100% polyester woven shell and a woven lining. It is filled with a combination of down and feathers. This jacket has a full front opening with a four-button closure, patch pockets with flaps at the waist, a puffy collar and lapels. You indicated that style 338554 contains 113 grams of down and feathers, of which down comprises 73.45 grams. The total weight of the jacket is 570 grams.

Although the front panels of style 338554 are tailored in the manner of a blazer, this jacket is worn as outerwear for protection against the elements.

The applicable subheading for style 338566 will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles, containing 70 percent or more by weight of silk or silk waste. The duty rate will be Free.

The applicable subheading for style 338564 will be 6202.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles, 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 duty rate will be 4.4 percent ad valorem.

Style 338566 and style 338554 fall within textile category designations 735 and 654, respectively. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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