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NY K80302




November 20, 2003
CLA-2-62:RR:NC:WA:357 K80302

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020

Ms. Janet Reiner
Stonepath Logistics
1930 Sixth Ave. South
Suite 200
Seattle, WA 98134

RE: The tariff classification of four men’s jackets from Vietnam, Korea and Hong Kong

Dear Ms. Reiner:

In your letter dated October 20, 2003, on behalf of Gordon & Ferguson of Delaware, Inc., you requested a classification ruling.

Four samples were submitted as follows: Style number 1B4161 is a man’s lower hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket is lined with a woven 190T 100% nylon fabric.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure and an overlapping flap with three snaps that covers the zipper area. The jacket features a zippered pocket on the left chest, a pocket with a hook and loop fastener on the inner portion of the left placket, two front pockets with zipper closures at the waist, long vented sleeves secured by a tab with a hook and loop fastener on the cuffs and a drawcord tightening at the bottom hem. The “R” logo is embroidered onto the top portion of the front flap and on the rear yoke. An embroidered label depicting people holding up the letters “H.E.L.P.” and the words “HELP USA Building Better Lives” are on the right chest.

Style number 1B6101 is a man’s upper thigh-length jacket constructed of a shell composed of a woven 92% nylon/8% spandex. The jacket is lined in the upper body with a knit mesh 100% polyester fabric and in the lower body and sleeves with a woven 50% nylon/50 % acetate fabric. In your letter you indicated that the jacket is not coated for water resistance. The jacket has a fold-down pointed collar that has leather trim on the inner surface and a full front opening secured by a zipper closure. An overlapping flap with leather trim on the inner surface is secured by two snaps and covers the zipper area. The jacket has long hemmed sleeves with a vent opening at the wrist area that is trimmed with leather and has two snap closures, grommets under each armhole for ventilation, two zippered front pockets with leather trim at the waist, and four inner pockets, one of which has a clear plastic insert and a tab with a hook and loop fastener and one that has a flap with a hook and loop fastener. The jacket has a straight cut hemmed bottom with two side seam vents.

Style number 1B4041 is a man’s lower hip-length jacket constructed of a shell composed of a woven 54% nylon/46% cotton fabric which has a visible polyurethane on the inner surface. The jacket is partially lined in the front panels and in the upper portion of the rear panel with the same fabric as the shell, in the sleeves with a woven 210T nylon fabric and in the remaining portion of the front panels and in the lower portion of the rear panel with a knit mesh100% polyester fabric. The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. The jacket has two zippered front pockets at the waist, long hemmed sleeves, two zipper pockets on the left sleeve, three inner pockets, two of which have a hook and loop fastener, two inner pencil pockets and a straight cut hemmed bottom. The “Reaction” tradename is embroidered onto the rear yoke and is featured on each zipper pull.

Style number 1B9021 is a man’s lower hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the body with a knit mesh 100% polyester fabric and in the sleeves with a woven 190T 100% nylon fabric. The jacket has an integral hood with two drawcord tightenings, one on the rear portion of the head and the other at the neck area. The jacket has a full front opening secured by a zipper closure, an overlapping flap with four hook and loop fasteners that covers the zipper area, two front pockets at the waist and a pocket on the inner portion of the left front placket. The jacket features long hemmed detachable sleeves that have a tab secured by a hook and loop fastener at the wrist. The sleeves are held to the jacket by a zipper surrounding the shoulder and armhole area and two hook and loop fasteners on the upper portion of the shoulders. When the jacket is worn without the sleeves a portion of the mesh lining is exposed at the shoulders and around the armholes.

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

Style number 1B4161 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 applicable subheading for style number 1B6101 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 applicable subheading for style numbers 1B4041 and 1B9021 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Vietnam are not presently subject to quota restraints or the requirement of a visa. Products of Korea and 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. Swierupski
Director,

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