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NY N025818




April 18, 2008

CLA-2-62:OT:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.1000

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a men’s down jacket from China. Correction to Ruling Number L85149.

Dear Ms. Greener:

This replaces Ruling Number L85149, dated June 15, 2005, which contained a clerical error. In the original ruling request you listed incorrect item numbers. A complete corrected ruling follows.

The submitted sample, style 001-2719 is a men’s regular size down jacket with an outer shell of woven 56% nylon/44% polyester fabric. You state that the down is 15.63% of the weight of the garment. The jacket has a full front button closure, two chest pockets and two side slit pockets. The sleeves have a button cuff closure and the bottom has a shirttail hem with side slits. Style 001-2720 is an identical down jacket for tall sizes.

 The applicable subheading for styles 001-2719 and 001-2720 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (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 4.4% ad valorem. The textile category designation is 653.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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