The tariff classification of a men's and ladies' down jacket from China.

NY D81860 September 9, 1998 CLA-2-62:RR:NC:3:353 D81860 CATEGORY: Classification TARIFF NO.: 6201.93.1000; 6202.93.1000 Mr. Johnny Lee BJ Customs Brokerage Co., Inc. P.O. Box 91034 Los Angeles, CA 90009-1034 RE: The tariff classification of a men's and ladies' down jacket from China. Dear Lee: In your letter dated August 25, 1998, on behalf of Marshall Gobuty Intl., Inc. you requested a tariff classification ruling. The submitted samples, Style 518-1037 and Style 518-2910 are jackets consisting of 100% woven nylon fabric with down fill. 1) Style 518-1037 is a men's jacket designed with a full front zippered opening with a left over right snap button closure. It has a zippered snap pocket on each side and a zippered pocket on the right side of the chest. The jacket has a removable hood and a elasticized waistband. The body insulation consists of 35% by weight of down and 65% by weight of feathers. The entire jacket weight of the jacket is 1035 grams in which the down is 75 grams and the feathers 135 grams. 2) Style 518-2910 is a ladies' jacket with a full front zippered opening and a right over left snap closure. It has a zippered snap pocket on each side of the garment and a zippered pocket on the right side of the chest. The jacket has a removable hood and a elasticized waistband. The body insulation consists of 35% by weight of down and 65% by weight of feathers. The entire jacket weight is 1125 grams in which the down is 79 grams and 141 grams of feathers. The samples willbe returned to you as requested. The applicable subheading for the mens' jacket, Style 518-1037 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 4.6% ad valorem. The applicable subheading for the ladies' jacket, Style 518-2910 will be 6202.93.1000 Harmonized Tariff Schedule of the United States (HTS), which provides for "Women's or girls' overcoats, capes, cloaks, anoraks (including ski-jackets),...other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles...: 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 4.6 % ad valorem. Style 518-1037, the mens' jacket falls within textile category designation 653. Style 518-2910, the ladies' jacket falls within textile category designation 654. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. 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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. Due to the fact that the jackets are to be filled with a blend of 35%down/65% waterfowl plumage, it is classified as down apparel. Even a slight change in the down content may result in a change in classification, as well as, visa and quota requirements. The jackets may be subject to U.S. Customs laboratory analysis at the time of importation and if the filling is other than 35% down/65% waterfowl plumage, it may be reclassified by Customs at that time. 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 212-466-5881. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division