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NY H88460




April 5, 2002

CLA-2-62:RR:NC:WA:357 H88460

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

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

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

Dear Ms. Lai:

In your letter dated March 5, 2002, on behalf of G.H. Imported Merchandise & Sales, you requested a classification ruling.

The sample submitted, style number 88040 (AC-137), is a man’s thigh-length jacket constructed of a shell composed of a woven 100% nylon oxford fabric which has a polyurethane coating for water resistance. The jacket is lined with a woven 190T 100% nylon fabric which is quilted to a nonwoven batting insulation.

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 and a full front opening that is secured by a zipper closure that extends to the top of the garment’s collar. The jacket features long hemmed sleeves, a vertical zippered pocket on the left chest, two front pockets with zipper closures at the waist and a straight cut hemmed bottom. The garment has reflective piping across the front yoke and along the rear portion of each sleeve, and a reflective tab in the center portion of the rear yoke.

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 Indonesia 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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