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NY N021022




January 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6202.93.4500; 6202.93.5011

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, N.Y. 10022-4877

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

Dear Mr. Evan:

In your letter dated December 13, 2007, on behalf of your client, Charles River Apparel, you requested a classification ruling.

Two samples were submitted: style number 9918 is a man’s hip-length jacket, and style number 5918 is a woman’s hip-length jacket. Each garment has a shell composed of a bonded fabric consisting of a woven 88% polyester/12% spandex fabric on the outer surface, a brushed tricot flat knit 100% polyester fabric on the inner surface, and a plastic coating in between.

Each jacket has a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar and long hemmed sleeves with a tab secured by a hook and loop fastener at the wrist area. Each jacket has two front pockets with zipper closures at the waist area, a zippered inner pocket, a drawcord tightening with plastic toggles through the bottom hem and a small emblem on the lower portion of the left front panel that features the “Charles River Apparel” trademark.

The samples are being returned to you as you have requested.

The man’s jacket, style 9918, is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

The woman’s jacket, style 5918, is also eligible for classification as water resistant. If the jacket passes the water resistance test specified in HTS Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 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 man’s jacket falls within textile category 634. The woman’s jacket falls within textile category 635. 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. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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