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NY N022443




February 19, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040; 6210.40.5039

Mr. James Liao
Greenland Sales Corp.
2221 Niagara Falls Blvd.
Niagara Falls, NY 14304

RE: The tariff classification of men’s outerwear garments from China

Dear Mr. Liao:

In your letter dated January 15, 2008, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style Snowpack Down Parka, has a shell made from a woven 100% nylon fabric with a visible coating on the inner surface. The jacket has a heavy-duty front zipper closure covered by a storm flap, various inner and outer pockets, side seam zippers extending from the bottom hem to approximately the waist, an inner powder skirt, a hood with a synthetic fur ruff, an inner elasticized drawstring at the waist, various D-rings, ice-rescue shoulder straps, reflective tape on the front and back panels, down insulation and a nylon lining. You provided information indicating that the total weight of this item is 2024 grams, including 700 grams for the down filling.

The second item, style Icepack Down Parka, has the same construction and features as the Snowpack Down Parka. Its weight is 2393 grams, including 900 grams for the down filling.

The third item, Icebreaker Down Bib Pants, is a pair of bib and brace overalls with a front rise of approximately 22-inches. It has a woven 100% nylon shell with a visible coating on the inner surface, a woven nylon lining with down filling, a two-way front zipper extending to the top of the bib, two-way side seam zippers extending from the bottom hem to the upper thigh, elasticized stirrups and shoulder straps and front patch pockets with flaps. This garment’s weight is 1208 grams, including 420 grams for the down filling.

The fourth item, Endurance Down Pants, is a waist-high pair of trousers with a woven 100% nylon shell with a visible coating on the inner surface, a woven nylon lining with down filling, a front zipper opening, side seam zippers extending from the bottom hem to approximately the knee, belt loops, a button closure and inside buttons on the waistband, slant pockets in the front and pockets with flaps in the rear. This garment’s weight is 1098 grams, including 350 grams for the down filling.

Although these garments have substantial down content, their classification is governed by HTSUS Chapter 62 Legal Note 5, which requires that garments prima facie classifiable in HTS heading 6210 and other headings within the chapter (other than 6209), are to be classified in heading 6210. Because each of these garments is made up of a fabric that is visibly coated, Legal Note 5 governs their classification.

The applicable subheading for the Snowpack Down Parka and Icepack Down Parka will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the Icebreaker Down Pants will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: Overalls and coveralls. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the Endurance Down Bib Pants will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ 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 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/.

Snowpack Down Parka and Icepack Down Parka fall within textile category 634; Icebreaker Down Bib Pants fall within textile category 659; Endurance Down Pants fall within textile category 647. 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.

The submitted jacket samples are not properly marked with their country of origin. We note that they are marked in the inner side seam with a label giving the country of origin and fiber content information. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. This requirement is satisfied with respect to wearing apparel having a neck when there is a proper marking at the neckline midway between the shoulders.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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