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NY I84992




August 29, 2002

CLA-2-62:RR:NC:WA:357 I84992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dana L. Bounds
UPS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a man’s packable jacket from Myanmar/Burma

Dear Ms. Bounds:

In your letter dated August 7, 2002, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number 8422, “Packable Golf Jacket”, is a man’s hip-length pullover jacket constructed of a shell composed of a color block woven 210T ripstop 100% nylon fabric which has a polyurethane coating for water resistance. The garment is not lined.

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

The jacket has an integral hood with a drawcord tightening, a stand-up collar with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. The hood can be rolled up and concealed within the collar by a hook and loop fastener. The jacket has long sleeves with elasticized cuffs and an elasticized waistband. The jacket features a pouch pocket with a self-fabric loop on the inner surface and a zipper closure. The pocket can be inverted, and the jacket can be folded and packed within the pocket and secured by the zipper closure.

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 neither presently subject to quota restraints nor the requirement of a visa.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with “Burma,” “Myanmar/Burma,” or “Burma/Myanmar,” to satisfy the requirements of 19 U.S.C. 1304.

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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