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NY I85949




September 30, 2002

CLA-2-62:RR:NC:WA:357 I85949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6201.93.3000; 6201.93.3511

Mr. Ron Croft
P.F.C. International, Inc.
9133 South La Cienega Blvd., Suite 110
Inglewood, CA 90301

RE: The tariff classification of a man’s jacket and a padded sleeveless jacket from the United Arab Emirates

Dear Mr. Croft:

In your letter dated September 13, 2002, on behalf of Channel Blue, you requested a classification ruling.

Two samples were submitted as follows: Style number 5454610 is a man’s lower hip-length jacket, and style number 5454612 is a man’s hip-length padded sleeveless jacket. Each garment is constructed of a shell composed of a woven 100% nylon taffeta fabric that has a polyurethane coating, and a lining also constructed of a woven 100% nylon fabric, which are quilted together in a diamond pattern to a nonwoven batting fill in between.

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

The jacket has a fold-down pointed collar, a full front opening secured by a zipper closure and an overlapping flap with two snaps that covers the zipper area. The jacket also features long sleeves with ribbed-knit fabric cuffs, two front pockets at the waist and a straight cut hemmed bottom.

The padded sleeveless jacket has oversized armholes, a stand-up collar composed of a ribbed-knit fabric, a full front opening secured by a zipper closure and two front pockets at the waist. The garment’s bottom hem is cut straight across and is shorter in the front and is cut round and is longer in the rear.

The samples are being returned to you as you have requested.

The jacket 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 applicable subheading for padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ padded, sleeveless jackets: of man-made fibers: other. The duty rate will be 15.3 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the United Arab Emirates are presently subject to quota restraints and the requirement of a visa.

The padded sleeveless jacket falls within textile category designation 659. Based upon international trade agreements products of the United Arab Emirates are not presently subject to quota restraints but a visa is required.

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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