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NY G83503





November 9, 2000

CLA-2-62:RR:NC:WA:357 G83503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6201.93.3521

Mr. Patrick Einarsen
Inventory Trading Company
P.O. Box 47
Peosta, Iowa 52068

RE: The tariff classification of a man's and a boy's pullover jacket from Malaysia

Dear Mr. Einarsen:

In your letter dated October 10, 2000, you requested a classification ruling.

The sample submitted is a man's hip-length pullover jacket. In a phone conversation and in a fax you submitted you indicated that the garment's style name is "ITC Scout Jacket" and that the garment is constructed of a shell composed of a woven 100% nylon fabric which has a 600mm acrylic coating on the inner surface. The garment is lined in the body with a knit 65% polyester/35% cotton fabric and in the sleeves with a woven 100% nylon fabric. In an additional fax you submitted you indicated that the identical nylon fabric jacket with a 600mm acrylic coating would also be imported under style name "ITC Kids-Scout" in boy's sizes S to XL.

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

The jacket has a cross-over v-neck style collar that is composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, two front handwarmer pockets with zipper closures at the waist and a drawcord tightening through the bottom hem. The words "Sheriff's Office" are embroidered across the front panel and the letters "S and O" are embroidered on the right sleeve.

The sample is being returned to you.

Both "ITC Scout Jacket" and "ITC Kids-Scout" are eligible for classification as water resistant. If the jackets 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 garments will be 6201.93.3000, which provides for other men's and boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 percent ad valorem.

If style "ITC Scout 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. If style "ITC Kids-Scout" does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3521, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers. The duty rate for each jacket will be 28.4 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Malaysia 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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