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NY I86597




October 29, 2002

CLA-2-62:RR:NC:WA:357 I86597

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6202.93.4500; 6202.93.5011

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a man’s and a woman’s jacket from Indonesia

Dear Ms. Shira:

In your letter dated October 8, 2002, on behalf of your client, Polo Ralph Lauren, you requested a classification ruling.

Two samples were submitted, as follows: Style number 031JT04 is a man’s hip-length jacket, and style number 031ET04 is a woman’s hip-length jacket. Both jackets are worn for mountain biking and cycling. Both jackets are constructed of a woven 100% polyester fabric which has a polyurethane coating for water resistance. Both garments are lined on the inner portion of the collar and on the lower portion of the rear panel with a mesh fabric.

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

Each jacket has a stand-up collar with a reflective strip in the rear and a full front opening that is secured by a zipper closure which extends to the top of the collar. Each jacket has long sleeves that feature a zippered pocket on the upper portion of the left sleeve, a triangular-shaped mesh insert on the underside of each armhole which extends to the elbow area for ventilation, and elasticized cuffs. Both garments also have a reflective design on the front portion of the shoulders, a horizontal zippered pocket and a reflective design on the lower portion of the rear panel, and an elasticized bottom hem that is cut round and is longer in the rear. The “RLX” logo is featured on the left chest, on a textile tag on the lower portion of the right front panel and on the reflective designs on the right shoulder and on the lower portion of the rear panel.

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

Both jackets are eligible for classification as water resistant.

If style number 031JT04 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.

If style number 031ET04 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 6202.93.4500, which provides for other women'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 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

Style number 031JT04 falls within textile category designation 634. Style number 031ET04 falls within textile category designation 635. Based upon international textile trade agreements products of Indonesia 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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