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NY H88321




March 20, 2002

CLA-2-62:RR:NC:WA:357 H88321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Florence Lai
Ash City
2111 McCowan Road
Scarborough, Ontario Canada M1S 3Y6

RE: The tariff classification of two men’s pullover jackets from Myanmar (Burma) and Indonesia

Dear Ms. Lai:

In your letter dated February 26, 2002, on behalf of G.H. Imported Merchandise & Sales, you requested a classification ruling.

Two samples were submitted as follows: Style numbers 88043 (AC-130), and 88044 (AC 131), are two men’s hip-length pullover jackets. Both jackets are constructed of a shell composed of a woven microfiber 100% polyester fabric which has a polyurethane coating for water resistance. Each garment is not lined.

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

Style 88043 has a cross-over v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, two front pockets with side openings located at the waist and a ribbed-knit fabric waistband.

Style 88044 has a stand-up collar and a partial opening at the neck that is secured by a zipper closure that extends to the top of the collar. The garment features long sleeves with elasticized cuffs, two front handwarmer pockets located at the waist and a drawcord tightening through the bottom hem.

The samples are being returned to you as you have requested.

Each jacket is eligible for classification as water resistant. If the jackets pass 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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 28.1 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are neither 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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