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January 21, 1999

CLA-2-62:RR:NC:WA:357 D84247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd., W.
Suite 308
Toronto, Ontario M8V 1A4
Canada

RE: The tariff classification of a men’s jacket from Sri Lanka

Dear Ms. Fust:

In your letter dated October 21, 1998, and in your facsimile transmittals dated November 20 and November 25, 1998, you requested a classification ruling. A sample was submitted and was destroyed in analysis.

The item in question, style 1053, is a men’s bomber-style jacket with a shell fabric made from a 100% woven polyester microfiber fabric. It is hip-length and has a full-front opening with a zipper closure, slant pockets at the waist, rib-knit collar, cuffs and waistband and a full mesh lining. According to your letter the shell fabric has a durable water repellent finish (DWR).

The sample was analyzed by the Customs laboratory and found to qualify for classification as water resistant. Please note, however, that this finding may be subject to verification at the time of entry by the responsible classifying Customs officer. Test results on pre-production samples may not necessarily hold true on production runs of garments.

The applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s and boys anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem. This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Sri Lanka 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.

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 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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