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NY H88203





March 4, 2002

CLA-2-62:RR:NC:WA:357 H88203

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.1500; 6201.92.2051

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

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

Dear Ms. Monahan:

In your letter dated January 30, 2002, you requested a classification ruling.

The sample submitted, style number R392268, is a man’s thigh-length jacket constructed of a shell composed of one layer on the outer surface of a woven 60% cotton/40% nylon sheeting fabric and one layer on the inner surface of a knit 100% polyester fabric that are bonded together by a polyurethane glue in between. The jacket does not have a lining fabric.

The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. The jacket also features long hemmed sleeves, two front welt pockets with flap closures below the waist and a straight cut hemmed bottom.

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 6201.92.1500, which provides for other men's anoraks, windbreakers and similar articles of cotton, water resistant. The duty rate will be 6.3 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2051, which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.5 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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