# NY K82919

February 25, 2004

CLA-2-62:RR:NC:WA:357 K82919

CATEGORY: Classification

TARIFF NO.: 6210.40.5020

Ms. Tricia Richter

Encore Forwarding, Inc./Keystone Logistics

One Cross Island Plaza

Rosedale, N.Y. 11422

RE: The tariff classification of a man's jacket from China

Dear Ms. Richter:

In your letter dated February 3, 2004, on behalf of Mornington Corp.,
you requested a classification ruling.

The sample submitted, style JFL-BK, is a man's lower hip-length jacket
constructed of a shell composed of a woven 100% nylon fabric which has a
visible polyurethane coating on the inner surface. The jacket is lined
with a woven 100% nylon fabric. The jacket has a zip-out liner that is
composed of a woven 100% polyester shell and a woven 100% nylon lining
that are quilted together in a diamond pattern with a nonwoven polyester
batting fill in between. The liner is not of the type that can be worn
separately.

The jacket has a full front opening secured by a double pull zipper
closure, long hemmed sleeves, two chest pockets with flaps secured by
snap closures and two front slanted pockets at the waist. The jacket
also has epaulets that are held to the garment by textile loops and a
button closure, a tab with two grommets on the left front yoke that may
be used to secure a badge to the jacket, expandable rear armholes that
allow for easy movement, two side seam zipper openings and a straight
cut hemmed bottom with two inner elasticized tabs secured by a snap
closure. The jacket has a double collar. The inner collar is composed of
the same fabric as the jacket. The outer collar is detachable and is
composed of a fake fur on the outer surface.

The applicable subheading for the jacket will be 6210.40.5020,
Harmonized Tariff Schedule of the United States (HTS), 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 anoraks
(including ski-jackets), windbreakers and similar articles. The duty
rate will be 7.1 percent ad valorem.

The jacket falls within textile category designation 634. Based upon
international textile trade agreements products of China are presently
subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa
status are the result of international agreements that are subject to
frequent renegotiations and changes. To obtain the most current
information, we suggest that you check, close to the time of shipment,
the [Textile Status Report for Absolute Quotas]{.underline}, which is
available at our Web site at www.cbp.gov. In addition, the designated
textile and apparel categories may be subdivided into parts. If so, visa
and quota requirements applicable to the subject merchandise may be
affected and should also be verified at the time of shipment.

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,

National Commodity

Specialist Division