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NY G82775




October 13, 2000

CLA-2-62:RR:NC:WA:355 G82775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0040

Ms. Ping Lin
Sun Mountain Sports
P.O. Box 9049
Missoula, MT 59807

RE: The tariff classification of men’s woven garments from China, Hong Kong, Taiwan, Korea, Sri Lanka and Myanmar

Dear Ms. Lin:

In your letter dated October 3, 2000, you requested a classification ruling.

You submitted five samples of men’s garments made of woven fabric. In your letter you state that the garments are all treated with a Dupont Teflon water-resistant finish. You do not state if the garments have been subjected to any tests for water resistance, nor do you claim that the garments are water-resistant. No style numbers were given to the garments.

The first garment is described as Microfiber Headwind Solid, made of 100 percent polyester peached microfiber fabric, lined with 100 percent nylon taffeta fabric. It features long sleeves with rib knit cuffs, two side seam pockets, a rib knit v-neck opening and an elastic rib knit waist.

The second garment is described as Microfiber Glen Plaid Headwind, made of 100 percent polyester peached microfiber fabric, lined with 100 percent nylon taffeta fabric. It features long sleeves with rib knit cuffs, a rib knit v-neck opening and an elastic rib knit waist. It does not have pockets.

The third garment is described as Microfiber Headwind Solo, made of 100 percent polyester peached microfiber fabric with no lining. It features long sleeves with rib knit cuffs, a rib knit v-neck opening and an elastic rib knit waist. It does not have pockets.

The fourth garment is described as Microfiber Reversible Headwind. It is made of 100 percent polyester peached microfiber fabric on both sides. It features long sleeves with rib knit cuffs, a rib knit v-neck opening and an elastic rib knit waist, and pockets on both sides of the reversible garment.

The fifth garment is described as Microfiber Headwind Sports, made of 100 percent polyester peached microfiber fabric with no lining. It features long sleeves with rib knit cuffs, a rib knit v-neck opening and an elastic rib knit waist. There is an 11-inch long side seam zipper opening which breaks at the waistband. The garment does not have pockets.

The applicable subheading for the Microfiber Headwind Solid and the Microfiber Reversible Headwind, 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 the Microfiber Headwind Solid and the Microfiber Headwind Reversible 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 the Microfiber Glen Plaid Headwind, the Microfiber Headwind Solo and the Microfiber Headwind Sports 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 Microfiber Headwind Solid and the Microfiber Headwind Reversible fall within textile category designation 634. Based upon international textile trade agreements products of China, Hong Kong, Taiwan, Korea, and Sri Lanka are subject to quota and the requirement of a visa. Products of Myanmar are not subject to quota and do not require a visa.

The Microfiber Glen Plaid Headwind, the Microfiber Headwind Solo and the Microfiber Headwind Sports fall within textile category designation 640. Based upon international textile trade agreements products of China, Hong Kong, Taiwan, Korea, and Sri Lanka are subject to quota and the requirement of a visa. Products of Myanmar are not subject to quota and do not require 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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