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NY F85221




May 9, 2000

CLA-2-62:I11 F85221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Tonya Smith
Hartwell Sports Incorporated
97 Winfield Circle
Hartwell, Georgia 30643

RE: The tariff classification of a man’s windbreaker from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Myanmar.

Dear Ms. Smith:

In your letter dated April 7, 2000 you requested a tariff classification ruling. The sample will be returned as requested.

The garment, style 4530 is a man’s windbreaker of 100% nylon woven fabric claimed to be water resistant with a PU coating. The garment features a drawstring hood, long sleeves with elasticized cuffs, a hemmed bottom with a drawstring, a partial opening which zips and a zippered front pocket which the garment can be folded into when not being used.

If the windbreaker passes the water resistance test specified in HTS Chapter 62, U.S. Note 2, then the applicable subheading for the garment will be 6211.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fibers, other, other, other, water resistant. The rate of duty will be 7.3%.

If the windbreaker does not pass the water resistance test, then the applicable subheading for the garment will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks (including ski-jackets) windbreakers and similar articles, (including padded, sleeveless jackets), of man-made fibers, other, other, other, men’s. The rate of duty will be 28.4%.

The garment falls within textile category designation 634. Based upon international textile trade agreements, products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Cambodia are subject to quota and the requirement of a visa. This garment from Myanmar is not subject to quota restraints or visa requirements at this time.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.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.

Sincerely,

Jorge L. Flores
Port Director

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