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March 12, 1999

CLA-2-62:RR:NC:WA:357 D88166

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Doreen Coty
F.W. Myers & Co., Inc.
Myers Building
Rouses Point, N.Y. 12979-1091

RE: The tariff classification of a man’ jacket from Burma (Myanmar)

Dear Ms. Coty:

In your letter dated January 25, 1999, on behalf of Evin Industries U.S.A., Ltd., you requested a classification ruling.

The sample submitted, style number 3000 “Patrol Jacket”, is a man’s hip-length jacket constructed of an outershell composed of a woven 100% nylon taslan fabric which has a 600mm polyurethane coating on the inner surface. The garment is fully lined from edge to edge with a woven polyester fabric which has a visible waterproof, breathable polyurethane membrane on the inner surface. The jacket also features a zip-out liner which is not of the type that is worn separately. The liner is composed of a man-made fiber fabric which is quilted in a diamond pattern to a nonwoven batting fill. The liner has ribbed-knit fabric inserts on the back of each armhole and ribbed-knit fabric sleeve cuffs.

The coating on the outershell fabric is not visible as that term is defined in the tariff, and the visibly coated lining does not provide the essential character; therefore HTS 6210 does not apply.

The jacket has a stand-up collar, an inner neck warmer collar composed of a ribbed-knit fabric and a full front opening secured by a double pull zipper closure. An overlapping flap with five snaps covers the zipper area. The jacket has a fabric strip with two grommets sewn onto the left chest which can be used by the wearer to pin a badge to the jacket, shoulder epaulets that are held to the garment by self-fabric loops and a button closure, a zipper opening on the lower portion of each sleeve which can be used for ventilation, two double entry pockets at the waist which are secured by flaps with two snap closures and a “VELCRO”-type fastener and a zippered inner pocket. The garment has two side seam zipper openings at the bottom hem and an elasticized rear waistband. On the inner portion of the rear waistband there are two elasticized tabs with snap closures. On the garment’s back panel there is an expandable pleat on each side which follows the curve of the armhole. Two half snaps on the inner portion of the sleeve cuffs are used to attach the zip-out liner to the jacket.

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

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Burma (Myanmar) are not presently subject to quota restraints nor 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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