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NY K83263




March 17, 2004
CLA-2-62:RR:NC:WA:357 K83263

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Linda Quinn
Stonepath Logistics International Services, Inc. 895 Blue Gentian Road
Eagan, Mn 55121

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

Dear Ms. Quinn:

In your letters dated January 16, 2004 and February 16, 2004, you requested a classification ruling.

The sample submitted, style number 3381, is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating on the inner surface. The jacket is lined with a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill.

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

The jacket has a full front opening secured by a zipper closure, long sleeves with a gusset opening on the lower portion of the sleeve that is secured by a zipper closure, and a tab with an adjustable snap closure and leather trim at the wrist area. The jacket has two slanted front pockets with zipper closures at the waist, a stand-up collar that has leather trim and is secured by a tab with a one-snap closure on the front portion of the neck, and a banded bottom hem that has two rear tabs which are secured by adjustable snap closures. The garment has overlay portions of leather on the front and rear chest areas and on the upper portion of each sleeve. The overlay portions of leather feature various embroidered “Sno Pro” and “Arctic Cat” logos.

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

Although you stated in your letter that a water resistant test report was attached, we did not receive it with your ruling request.

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 7.1 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 27.7 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of China and Honk 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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