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NY F85222




May 8, 2000

CLA-2-62:RR:NC:WA:357 F85222

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a man's jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Myanmar (Burma)

Dear Ms. Smith:

In your letter dated April 7, 2000, you requested a classification ruling.

The sample submitted, style number 749A, is a man's hip-length jacket that is constructed of a shell that consists of blue and black color block fabric composed of woven 100% nylon. The blue fabric portion of the jacket consists of the upper portion of the front and back panels, the sleeves and the outer portion of the collar and has a visible polyurethane coating on the inner surface. The black fabric portion, which consists of the lower portion of the front and back panels, also has a polyurethane coating on the inner surface, but the coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket is lined with a knit brushed 75% polyester/25% rayon fleece fabric in the body and collar and with a woven 100% nylon taffeta fabric in the sleeves.

The jacket has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the garment's collar. The garment has two front zippered pockets at the waist and an inner pocket that is secured by a "VELCRO"-type fastener. The jacket's sleeve cuffs and waistband are composed of a ribbed-knit fabric.

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

This garment is eligible for classification as water resistant. 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 7.3 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 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, the Philippines, Indonesia, and Cambodia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) is not presently subject to quota restraints nor 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 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. 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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