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NY G85180




January 9, 2001

LA-2-62:RR:NC:WA:357 G85180

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Esta Knipper
UTC Overseas, Inc.
55 Inip Drive
Inwood, New York 11096

RE: The tariff classification of a man's jacket from China

Dear Ms. Knipper:

In your letter dated December 8, 2000, on behalf of Kenneth Barnard, you requested a classification ruling.

The sample submitted, style number 3110, is a man's lower hip-length jacket constructed of a shell that is composed of a woven 97% polyester/3% spandex fabric which you indicated in a phone conversation has a 600mm polyurethane coating. The garment is lined with a woven 100% nylon fabric that you indicate has a 400mm polyurethane coating.

The coating on the shell fabric 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 a zipper closure. An overlapping flap with three snaps covers the zipper area. The garment has two front slash pockets, a zippered inner pocket along the front placket, long sleeves with adjustable snap closures on the cuffs and an elasticized waistband. The jacket has a metal chain locker loop on the inner surface of the collar at the nape of the neck.

The sample is being returned to you.

If the 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 7.2 percent ad valorem.

If the 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 28.2 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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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