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NY J89853




November 13, 2003
CLA-2-62:RR:NC:WA:357 J89853

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Peter Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, Washington 98104

RE: The tariff classification of two men’s pullover jackets from Bangladesh or Sri Lanka

Dear Mr. Mento:

In your letter dated October 17, 2003, on behalf of Dallas Manufacturing Company, you requested a classification ruling.

Two samples were submitted as follows: Style number DI17303BZ is a man’s hip-length pullover jacket constructed of a shell composed of a woven blaze orange 100% nylon fabric which has a polyurethane coating for water resistance. Style number DI7305HW is a man’s hip-length pullover jacket constructed of a shell composed of a camouflage design 100% nylon fabric which has a polyurethane coating for water resistance. Both garments are lined with a knit mesh nylon fabric in the body and with a woven nylon fabric in the sleeves.

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

Both jackets have a v-neck collar composed of a ribbed-knit fabric, long sleeves with elasticized cuffs, two side seam pockets at the waist and an elasticized waistband. Each garment features a label on the left pocket and a locker loop with a label on the rear yoke that has the “Remington” tradename.

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

With your letter you submitted a test report from an independent laboratory certifying that the garments passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Each garment is eligible for classification as water resistant. If the jackets pass 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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 jackets fall within textile category designation 634. Based upon international textile trade agreements products of Bangladesh or Sri Lanka 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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