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NY G81788




September 26, 2000

CLA-2-62:RR:NC:WA:357 G81788

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Ms. Vilma Duarte
Clear Freight, Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245

RE: The tariff classification of two man's jackets and a man's pair of trousers from China and Taiwan

Dear Ms. Duarte:

In your letter dated August 28, 2000, on behalf of American Vision Corp., you requested a classification ruling.

Three samples were submitted as follows: Style number 2K051 is a man's lower hip-length jacket. The jacket is constructed of a shell composed of a woven 210T 100% nylon fabric which has a 600mm acrylic coating and is quilted to a nonwoven batting fill. The fabric is not of a type that is normally used for shirts. The jacket is lined with a woven 190T 100% nylon fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a pointed collar and a full front opening that is secured by seven left-over-right snap closures. The jacket has a pocket on the left chest, two side seam pockets at the waist, long sleeves with adjustable snap closures on the cuffs, two side seam vents and a straight cut bottom hem.

Style number 1626HST is a man's lower hip-length jacket constructed of a shell that is composed of a woven 210T 100% nylon taffeta fabric which has a 600mm polyurethane coating. The garment is lined with a knit brushed 65% polyester/35% rayon fleece fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure. The jacket also has two front pockets at the waist, long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. The jacket features contrasting color overlay strips of fabric which extend from the top of each shoulder along the length of each sleeve to the cuff.

Style number LP26 is a man's pair of pull-on trousers constructed of a shell composed of a woven 210T 100% nylon taffeta fabric which has a 600mm polyurethane coating. The trousers are lined with a knit brushed 100% polyester tricot fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The trousers have an elasticized waistband with a drawcord tightening, two side seam pockets, a right rear pocket below the waistband and a zipper opening at the bottom of each trouser leg. The trousers also have a label that features the "L.A. Gate" logo and contrasting color overlay strips of fabric that extend along the length of each trouser leg from the waistband to the ankle.

The samples are being returned to you as you have requested.

Style numbers 2K051 and 1626HST are eligible for classification as water resistant. If each 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 each 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.

Style number LP26 is eligible for classification as water resistant. If the trousers pass 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 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.3 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 28.6 percent ad valorem.

Style numbers 2K051 and 1626HST fall within textile category designation 634. Style number LP26 falls within textile category designation 647. Based upon international textile trade agreements products of China and Taiwan are presently subject to quota restraints and 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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