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NY F85223





May 11, 2000

CLA-2-62-CL:FO:CB:I20

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Planning & Logistics Specialist
Hartwell Sports, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a men’s woven jacket to be manufactured in Cambodia, China, Hong Kong, Indonesia, Korea, Myanmar, Philippines, Sri Lanka, and Taiwan

Dear Ms. Smith:

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

The submitted sample, designated style number 1622, is a men’s jacket manufactured from a 100% nylon woven fabric said to have been treated with an application of polyurethane sufficient to convey the quality of water resistance.

The garment features a full frontal opening secured by five metal snap fasteners, a pointed collar, a full, 100% polyester, tricot knit lining, two side insert pockets below the waist, and a straight, hemmed bottom, through which is threaded a tunnel drawstring.

If the garment passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under subheading 6201.93.3000, which provides for other men’s water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 7.3%, ad valorem.

If the garment does not pass the water resistance test, the garment would be classifiable under HTS subheading 6201.93.3511, which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 28.4%, ad valorem.

In either case, the garment would fall within textile category designation 634. Based on international textile trade agreements, products of China, Hong Kong, Indonesia, Korea, Philippines, Sri Lanka and Taiwan are subject to quota and the requirement of a visa, whereas products of Cambodia and Myanmar are not subject to quota nor the requirement of a visa.

The designated textile and apparel category 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.

The sample is being returned to you, as requested.

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,

John M. Regan
Service Port Director

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