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NY J83507




May 7, 2003

CLA-2-62:RR:NC:WA:357 J83507

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Pete Michalczyk
Colorado Customs Brokers
6750 E 46th Ave Dr, Unit 600
Denver, Colorado 80216

RE: The tariff classification of a man’s jacket from Macau and Thailand

Dear Mr. Michalczyk:

In your letter dated April 12, 2003, on behalf of Dash America, Inc., you requested a classification ruling.

The sample submitted, style number 4698 “Zephrr 2 Jacket”, is a man’s hip-length cycling jacket constructed of a shell composed of a woven 100% polyester fabric that has a Teflon application.

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

The jacket has a stand-up collar that is composed of a brushed knit fleece fabric on the inner surface and a full front opening that is secured by a zipper closure that extends to the top of the collar. The jacket has long sleeves with an elasticized capping fabric at the wrist area and elasticized capping fabric at the bottom hem. The garment features a reflective “Pearl Izumi” trade name and logo on the left chest and rear yoke, and six reflective circles on each sleeve.

The sample is being returned to you as you have requested.

For administrative reasons, the Customs Service does not ordinarily test pre-production garments for water resistance.

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 or boys’ 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 27.9 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Macau and Thailand 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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