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NY M86859





October 4, 2006

CLA-2-62:RR:NC:N3:353 M86859

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000, 6210.40.5039, 6210.50.5039

Ms. Lydia Hua
Greenland Sales Corp., Suite 11
2221 Niagara Falls Blvd.
Niagara Falls, N.Y. 14304

RE: The tariff classification of Men’s down jackets, vest and non-down pants from China.

Dear Ms. Hua:

In your letter dated September 15, 2006, you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples are a Style 73553 Men’s Polar Down Jacket, Style 73752 Men’s Polar Down Sleeveless Padded jacket (that you call a vest), Style 73352 Artic Heat Wave Down Jacket and Style 70812 Men’s Mountain Pants and Style 70636 Women’s Pinnacle Pants. The jackets and vest are 90% down and 10% waterfowl plumage. The down and waterfowl plumage ranges from 28% to 32% of the weight of the jacket or vest.

Style 73553, Men’s Polar Down Jacket, has an outer shell of woven 100% nylon fabric and a woven 100% polyester lining. The garment has a detachable hood with a drawcord closure, full front zipper closure, two side zippered pockets and elastic at the wrists secured with a hook and loop closure.

Style 73752, Men’s Polar Down Sleeveless Padded Jacket, has an outer shell of woven 100% nylon fabric and a woven 100% polyester lining. The garment has a stand-up collar, two zippered side pockets and a full front zipper closure.

Style 73352, Men’s Artic Heat Wave Down Jacket, has an outer shell of woven 100% nylon fabric and a lining of woven 100% polyester fabric. The garment has a detachable hood with a drawcord closure, stand-up collar, elastic at the wrists secured by a hook and loop closure and a full front zippered closure.

The Men’s pants, style 70812, and Women’s pants, Style 70636, are made of woven nylon fabric with a visible coating of plastic on the inner surface and seam tape sealing. The garments have an elastic waistband, a zippered fly front with a snap closure and loops at the waist. The pants also feature a slant zippered pocket and zippered openings with a snap tab at the bottom hem of each leg.

 The applicable subheading for the Men’s jackets and Sleeveless padded jacket, Styles 73553, 73352, 73752 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Men’s or boys' overcoats, carcoatsanoraksand similar articlesAnoraks (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 duty rate will be 4.5% ad valorem. The textile category designation is 653.

     The applicable subheading for the Men’s Mountain Pants style 70812 will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men’s or boys’ garments, of man-made fibers, other trousers, breeches and shorts. The duty rate will be 7.1% ad valorem. The textile category designation is 647.

      The applicable subheading for the Women’s Mountain pants will be 6210.50.5039, which provides for other women’s or girls’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, other trousers, breeches and shorts. The duty rate will be 7.1% ad valorem. The textile category designation is 648.

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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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