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NY J89702




November 6, 2003

CLA-2-62:RR:NC:WA:357 J89702

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, N.Y. 11434

RE: The tariff classification of a man’s jacket from Hong Kong

Dear Mr. Spoto:

In your letter dated October 8, 2003, on behalf of Elite USA, Inc., you requested a classification ruling.

The sample submitted, style B-1091, is a man’s thigh-length jacket constructed of a shell composed of woven 100% nylon fabric. The garment is lined with a woven 100% polyester fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill.

In a phone conversation you indicated that the garment does not have a coating for water resistance.

The jacket has a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the collar. An overlapping flap with four hook and loop fasteners covers the zipper opening. The jacket also has long sleeves with elasticized cuffs, an inner drawcord tightening at the waist, two side seam pockets below the waist and a hemmed bottom. The garment features the “Dale Earnhardt Jr.” trademark on the front flap and left chest, the “NASCAR” trademark on the lower portion of the left sleeve and logo on the rear panel.

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

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 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 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. Swierupski1
Director,

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