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NY I84738




August 22, 2002

CLA-2-62:RR:NC:TA:357 I84738

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad St.
New York, NY 10004

RE: The tariff classification of a men’s cycling jacket from Indonesia

Dear Ms. Cumins:

In your letter dated July 25, 2002, on behalf of Polo Ralph Lauren, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 026JT03, is a men’s jacket for mountain biking and cycling. It has a shell made from a 100% polyester woven fabric treated with a plastic coating that renders it water resistant. The jacket has a full front opening with a zipper closure that extends to the top of the collar, long sleeves with an elasticized hem, a curved, elasticized bottom hem which is longer in the back, a horizontal zippered pocket in the lower back, a zippered pocket on the upper left sleeve, mesh lining on the collar and in the lower back and triangular-shaped mesh inserts for ventilation on the underside of the sleeves. These inserts measure approximately nine inches in length. Because they are on the underside of the sleeve they are not exposed to the elements during use.

Style 026JT03 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.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia are subject to quota 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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