CLA-2-62:RR:NC:WA:357 J84224

Ms. Kathy Brennan
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a man’s jacket from Hong Kong

Dear Ms. Brennan:

In your letter dated May 6, 2003, you requested a classification ruling.

The sample submitted, style number 034-2882, is a man’s lower hip-length jacket constructed of a shell composed of a woven plaid 100% wool fabric. The garment is lined in the body with a knit Sherpa fleece fabric and in the sleeves with a woven polyester fabric. The garment will also be imported under style number 034-2883 in tall sizes.

The jacket has a pointed, fold-down collar and a full front opening secured by a left-over-right, seven-button closure. The jacket features two chest pockets with flaps secured by a one-button closure, long sleeves with an adjustable one-button closure on the cuffs, two side seam pockets below the waist and a straight cut hemmed bottom with two side seam vests.

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

Although in your letter you suggested classification of this jacket under HTS 6211.31.0045, the heavy lining demonstrates its suitability for use as outerwear.

The applicable subheading for the jacket will be 6201.91.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of wool or fine animal hair. The duty rate will be 50¢/kg + 19.8 percent ad valorem.

The jacket falls within textile category designation 434. Based upon international textile trade agreements products of Hong Kong 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, 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