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NY H82168





June 28, 2001

CLA-2-62:RR:NC:WA:357 H82168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, Georgia 30919-0939

RE: The tariff classification of a man’s jacket from Macau

Dear Ms. Mossa:

In your letter dated June 5, 2001, you requested a classification ruling.

The sample submitted, style number 5680, “Storm Jacket With Chill Fleece Lining”, is a man’s hip-length jacket. The jacket is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating. The jacket is lined in the body and collar with a knit brushed 100% polyester fleece fabric. The jacket is lined in the sleeves with a woven 100% nylon fabric that is quilted to a nonwoven batting fill.

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

The jacket has a stand-up collar and a full front opening that is secured by a zipper closure. The garment features two zippered front pockets at the waist, an inner pocket with a hook and loop fastener, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband.

The sample is being returned to you as you have requested.

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 Macau 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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