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NY I85798





September 27, 2002

CLA-2-62:RR:NC:WA:357 I85798

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Maristella Iacobello
Phillips-Van Heusen Corporation
200 Madison Avenue
New York, N.Y. 10018

RE: The tariff classification of a man’s short-sleeve pullover jacket from Hong Kong

Dear Ms. Iacobello:

In your letter dated August 29, 2002, you requested a classification ruling.

The sample submitted, style number 4563010, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 89% polyester/11% nylon fabric. In a phone conversation you indicated that the garment has a polyurethane coating. The garment is lined in the body with a mesh 100% polyester fabric and in the sleeves with a woven 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 and a partial opening at the neck that is secured by a zipper closure. The jacket also has short sleeves, two side seam pockets at the waist that are secured by hook and loop fasteners and an elasticized waistband.

The sample is being returned to you.

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 Hong Kong are presently subject to quota restraints 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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