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NY N022975




March 3, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020

Ms. Maryellen West
The Folsom Corporation
43 McKee Drive
Mahwah, N.J. 07430

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

Dear Ms. West:

In your letter dated February 5, 2008, you requested a classification ruling.

The sample submitted, style number W51659, is a woman’s thigh-length jacket with a shell composed of a woven 100% nylon taslan fabric with a visible polyurethane coating on the inner surface. The jacket is lined in the body with a knit mesh polyester fabric and in the sleeves with a woven nylon fabric.

The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the collar. An overlapping flap with two snap closures and four hook and loop fasteners covers the front zipper area. The hood can be rolled up and stored within the garment’s collar by a hook and loop fastener. The jacket has long sleeves with elastic and a tab with a hook and loop fastener on the cuffs, two front pockets with zipper closures below the waist, an overlapping flap with a hook and loop fastener that covers the front pockets, a zippered pocket on the inner portion of the left front placket, an inner cell phone pocket with a flap secured by a hook and loop fastener and a drawcord tightening with plastic cord locks through the bottom hem. The “Bimini Bay Outfitters” tradename and logo are featured on several areas of the garment.

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

The applicable subheading for the jacket will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other: anoraks (including ski-jackets), windbreakers and similar articles. 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/.

The 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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