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NY I88677




December 18, 2002

CLA-2-62:RR:NC:TA:357 I88677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Florence Lai
Ash City
2111 McCowan Road
Scarborough
ON Canada M1S 3Y6

RE: The tariff classification of a men’s pullover jacket from Myanmar/Burma or Bangladesh

Dear Ms. Lai:

In your letter dated December 3, 2002, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style C20277, is a men’s half-sleeve “windshirt” with a shell made from a woven 100% polyester fabric with a 600mm PU (polyurethane) coating for water resistance. The garment is fully lined with a woven nylon fabric and has a partial front opening with a zipper that extends to the top of the standup collar, slant pockets with zippers at the waist, an inverted back pleat and a rib knit waistband and sleeve ends.

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. It remains the same in 2003.

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. In 2003 the rate will be 27.9 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Bangladesh are subject to quota and the requirement of a visa. Products of Myanmar/Burma are neither currently subject to quota nor 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.

We note that the sample is marked “Made in Myanmar.” The name "Myanmar" by itself would not be an acceptable country of origin marking for the purposes of 19 U.S.C. 1304. The names "Burma," "Myanmar/Burma," and "Burma/Myanmar" have been determined 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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