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NY G80059




August 22, 2000

CLA-2-62:RR:NC:TA:357 G80059

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0040; 6201.93.3000; 6201.93.3511; 6211.33.0054; 6201.93.2020

Ms. Sheri G. Lawson
PBB Global Logistics
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of five men’s garments from Myanmar and Cambodia

Dear Ms. Lawson:

In your letter dated July 21, 2000, on behalf of Ash City Division, GH Imported Merchandise & Sales Ltd., you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style 88010 (AC-29), is an unlined pullover long sleeved shirt that features a crossover rib knit neckline, rib knit cuffs and a rib knit waistband. A specification sheet indicates that the garment is made from 100% woven polyester.

Style 88011 (AC-30) is a pullover garment with a crossover rib knit neckline. The garment has a woven polyester shell, a full lining of 190T woven nylon, side entry pockets at the waist, rib knit cuffs and a rib knit waistband.

Style 88012 (AC-31) is a pullover garment of woven polyester with a partial front opening secured by a zipper that extends to the top of the collar. This item also features a full lining of 190T woven nylon, slant, zippered pockets at the waist and rib knit cuffs and waistband.

Style 88013 (AC-32) is a pullover outer vest made from woven polyester fabric. This item also features a full lining of 190T woven nylon, a V-neck trimmed with rib knit fabric and armholes trimmed with rib knit fabric.

Style 88016 (AC-22) is a sleeveless garment. It has a full front opening secured by a zipper that extends to the top of the collar, slant zippered pockets at the waist and an inner pocket. The shell is made from a woven nylon taffeta fabric quilted to a nonwoven batting. The garment is lined with a polyester fleece fabric.

According to your letter all five styles have a 600mm clear polyurethane coating making the garments water resistant. The coatings on these garments are not visible as that term is defined in the tariff; therefore, HTS heading 6210 does not apply. In addition, the presence of a water resistant treatment does not ensure that a garment will be eligible for classification under one of the water resistant subheadings, since water resistant classification is applicable to a limited range of garments.

The applicable subheading for style 88010 (AC-29) will be 6211.33.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, men’s or boys’, of man-made fibers, shirts excluded from heading 6205. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for styles 88011 (AC-30) and 88012 (AC-31), if they pass the test for water resistance, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other: water resistant. The duty rate will be 7.3 percent ad valorem.

If styles 88011 (AC-30) and 88012 (AC-31) do not pass the water resistance test, the applicable subheading for these garments will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for style 88013 (AC-32) will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, men’s or boys’, of man-made fibers: vests. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for style 88016 (AC-22) will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers: other, padded, sleeveless jackets. The duty rate will be 15.7 percent ad valorem.

Style 88010 (AC-29) falls within textile category designation 640. Based upon international textile trade agreements products of Myanmar in category 640 are subject to quota restraints. Styles 88011 (AC- 30) and 88012 (AC-31) fall within textile category designation 634. These are not currently subject to quota restraints or visa requirements from Myanmar.

Styles 88013 (AC-32) and 88016 (AC –22) fall within textile category designation 659. Based upon international textile trade agreements products of Myanmar are not currently subject to quota restraints or visa requirements. Products of Cambodia are subject to 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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