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NY H88453




March 26, 2002

CLA-2-62:RR:NC:WA:357 H88453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a man’s jacket from Myanmar (Burma)

Dear Ms. Bounds:

In your letter dated February 28, 2002, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number 8474, “Tribute”, 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 for water resistance. The jacket is lined in the body 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 a stand-up collar, an attached hood with a drawcord tightening and a full front opening secured by a zipper closure. The hood can be rolled up and secured within the collar by three hook and loop fasteners. An overlapping flap with three snaps covers the front zipper area. The garment features two front pockets with zipper closures at the waist, long sleeves that have a tab with a hook and loop fastener and elastic on the cuffs, a double entry inner pocket that is secured by hook and loop fasteners, two inner pencil pockets, an inner textile tab with a plastic buckle and a hanging D-ring, a locker loop on the rear yoke and elastic on each side of the waistband. The garment has a contrasting color overlay strip of fabric across the front and rear yokes.

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 28.1 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Myanmar (Burma) are not presently subject to quota restraints nor the requirement of a visa.

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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