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NY H83568




August 8, 2001

CLA-2-62:RR:NC:WA:357 H83568

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

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

Dear Mr. Gonzalez:

In your letter dated July 17, 2001, on behalf of Intersport Fashions West, Inc., you requested a classification ruling.

The sample submitted, style number LM05, is a man’s hip-length jacket that is constructed of a body composed of a woven 100% cotton fabric and of a collar, rear yoke, shoulders, sleeves, pocket flaps and bottom waistband composed of leather. In a phone conversation you indicated that the cotton fabric portion of the jacket has been treated with an oil skin wax process and that the leather has been treated with a waterproof process. The jacket is lined in the body and sleeves with a woven man-made fiber fabric.

The jacket has a snap-down pointed collar, a full front opening that is secured by a zipper closure. The jacket also has two chest pockets with flaps that are secured by snap closures, two front vertical pockets with zipper closures at the waist, two inner pockets (one with a zipper closure), long sleeves with a one-snap closure on the cuffs and a banded bottom hem.

The sample is being returned to you.

For a garment to be classified as water resistant the water resistance must be the result of a rubber or plastics application to the entire outer shell, lining or inner lining. Based on the information you submitted indicating that the fabric is treated with oil and wax, this item would not be eligible for classification as water resistant.

The applicable subheading for the jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles: of cotton. The duty rate will be 9.6 percent ad valorem.

The jacket falls within textile category designation 334. 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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