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NY G85470




January 17, 2001

CLA-2-62:RR:NC:WA:357 G85470

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd. W.
Suite 308
Toronto, Ontario M8V 1A4

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

Dear Ms. Fust:

In your letter dated December 19, 2000, you requested a classification ruling.

The sample submitted, style number 7024N, is a hip-length jacket. Although your letter states that the jacket is a woman's, in a phone conversation with you and on a textile label sewn to the jacket it was indicated that the garment is a man's. The jacket is constructed of a shell composed of a woven 100% nylon fabric which you indicate is not coated, but is treated with a durable water repellent fluorine and melamine resin.

The jacket features an integral hood that has a tab with a hook and loop fastener in the rear and a drawcord tightening around the face, a full front opening that is secured by a double pull zipper closure and an overlapping flap with eight hook and loop fasteners that covers the zipper area. The jacket has two vertical front pockets that are secured by zippers and are covered by an overlay of fabric, long sleeves with a zipper opening under each armhole that extends partially along the under portion of each sleeve, partial elastic and a tab with a hook and loop fastener on the sleeve cuffs and a drawcord tightening through the bottom hem.

The sample is being returned to you.

This garment is eligible for classification as water resistant. 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 Sri Lanka 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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