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NY M84168




July 12, 2006

CLA-2-62:RR:NC:WA:357 M84168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051

Ms. Hazel D. Ericta
C.F.L. Enterprise Ltd.
149 Fifth Avenue, Fifth Floor
New York, N.Y. 10010

RE: The tariff classification of a man’s jacket from China

Dear Ms. Ericta:

In your letters dated May 23, 2006 and June 9, 2006, you requested a classification ruling.

The sample submitted, style number IBPS6-583A, is a man’s lower hip-length jacket constructed of a shell composed of a woven 100% cotton fabric that has a wax coating. The jacket is lined in the body with a woven 100% nylon taslan fabric and has a down and waterfowl plumage fill.

The fill contains approximately 12% by weight of down and waterfowl plumage and approximately 8% by weight of down. Therefore, the jacket does not qualify as a down garment.

The wax coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure, a stand-up collar and an overlapping flap with six snaps that covers the zipper area. The garment has long sleeves with elasticized cuffs, a pocket with a flap secured by a snap closure on the left sleeve, a zippered pocket on the left chest, an inner drawcord tightening at the waist, two double entry front bellows pockets with a flap secured by a snap closure below the waist, two inner pockets and a bottom hem that is cut straight and is shorter in the front and is cut round and is longer in the rear.

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

The applicable subheading for the jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles: of cotton. The duty rate will be 9.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The jacket falls within textile category designation 334. 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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