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NY H83654




August 2, 2001

CLA-2-62:RR:NC:WA:357 H83654

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, the Philippines, Indonesia, Cambodia, Myanmar and Malaysia

Dear Ms. Smith:

In your letter dated June 27, 2001, you requested a classification ruling.

The sample submitted, style number 5360, is a man’s hip-length jacket constructed of a shell composed of a woven 65% polyester/35% cotton fabric which has a polyurethane coating on the inner surface. The garment is lined in the two front panels and in the upper rear panel with a mesh 100% polyester fabric and in the sleeves with a woven 100% nylon fabric.

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

The jacket has an integral hood with a drawcord tightening, a stand-up collar, a full front opening that is secured by a zipper closure and an overlapping flap with three snaps that covers the zipper area. The hood can be rolled up and stored within the collar by three hook and loop fasteners. The garment has two front pockets with zipper closures at the waist, a zippered inner pocket, a plastic buckle hanging from a textile loop below the zippered inner pocket, an inner pocket with a hook and loop fastener, long sleeves with partially elasticized cuffs and a partially elasticized waistband. The jacket has a contrasting color strip of fabric across the upper portion of the front and rear panels.

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 Taiwan, China, Hong Kong, Sri Lanka, Korea, the Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are not presently subject to quota restraints nor 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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