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NY K83275




March 17, 2004
CLA-2-62:RR:NC:WA:357 K83275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Jackie M. Czapp
UPS Supply Chain Solutions, Inc.
806 Airpark Center Drive
Nashville, TN 37217

RE: The tariff classification of a man’s pullover jacket from Taiwan

Dear Ms. Czapp:

In your letter dated February 17, 2004, on behalf of Premiumwear, Inc., you requested a classification ruling.

The sample submitted, style number 90519, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 90% polyester/10% nylon fabric which has an acrylic coating. The jacket is lined with a woven 100% nylon taffeta fabric. In your letter you indicate that the same jacket will also be imported in different colors under style numbers 1500,1530 and 1850.

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

The jacket has a crossover, v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, a ribbed-knit fabric waistband and two side seam pockets at the waist.

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.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan 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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