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NY K83760




April 7, 2004
CLA-2-62:RR:NC:WA:357 K83760

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.50.5020; 6210.50.5055; 6205.30.2070

Ms. Cindi Dykeman
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man’s jacket, a woman’s jacket, a woman’s vest and a man’s shirt from Sri Lanka

Dear Ms. Dykeman:

In your letter dated March 8, 2004, you requested a classification ruling.

Four samples were submitted as follows: Style number 116954 “FA ’04 Men’s Soft Shell Full-Zip Jacket”, is a man’s hip-length jacket constructed of a shell that has one layer on the outer surface composed of a woven 92% polyester/8% spandex fabric and one layer on the inner surface composed of a flat jersey knit 100% polyester fabric bonded together with polyurethane.

The jacket has a full front opening secured by a double pull zipper closure, long hemmed sleeves, a straight cut hemmed bottom, two front pockets secured by zipper closures and a stand-up collar.

Style number 296043 “FA’04 Women’s Clima Fit Jacket”, is a woman’s hip-length jacket constructed of a shell composed of a woven 92% polyester/8% spandex fabric which has a visible coating on the inner surface. The jacket is lined in the front panels, the lower portion of the rear panel and in the sleeves with a woven 100% polyester twill fabric. The jacket is lined in the upper portion of the rear panel with a warp knit mesh 92% polyester/8% spandex fabric. The jacket is slightly fitted at the waist and has a full front opening secured by a zipper closure, long hemmed sleeves that have a tab secured by a hook and loop fastener at the wrist area, two front pockets with zipper closures at the waist, a straight cut hemmed bottom, a free-hanging rear yoke that covers the mesh lining and a stand-up collar.

Style number 296044 “FA’04 Women’s Clima Fit Vest”, is a woman’s hip-length outerwear vest that is constructed of a shell composed of a woven 92% polyester/8% spandex fabric which has a visible coating on the inner surface. The vest is lined with a woven 100% polyester twill fabric. The vest is slightly fitted at the waist, has oversized armholes and a full front opening secured by a zipper closure, two front pockets with zipper closures, a stand-up collar and a straight cut hemmed bottom.

Style number 191582 “SP’05 Men’s Soft Shell S/S Jacket”, is a man’s shirt constructed of a shell that has one layer on the outer surface composed of a 92% polyester/8% spandex fabric and one layer on the inner surface composed of a flat jersey knit 100% polyester fabric bonded together with polyurethane. The garment has a full front opening secured by a zipper closure, short sleeves, two front pockets at the waist, a stand-up collar and a bottom hem that is cut straight across and is shorter in the front and is cut round and is longer in the rear.

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

The classifications you suggested, HTS 6210.40.5020 for style 116954 and 6210.40.5050 for style 191582, are not applicable because the polyurethane adhesive is not visible in cross-section.

Style number 116954 is eligible for classification as water resistant. If the jacket passes the water resistance test specified in 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 applicable subheading for style number 296043 will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other: anoraks, windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style number 296044 will be 6210.50.5055, 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 women’s or girls’ garments: of man-made fibers: other: other. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style number 191582 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s shirts: of man-made fibers. The duty rate will be 29.1¢ /kg + 25.9 percent ad valorem.

Style number 116954 falls within textile category designation 634. Style number 296043 falls within textile category designation 635. Style number 191582 falls within textile category designation 640. Based upon international textile trade agreements products of Sri Lanka are presently subject to quota restraints and the requirement of a visa.

Style number 296044 falls within textile category designation 659. Based upon international textile trade agreements products of Sri-Lanka are not presently subject to quota restraints but a visa is required.

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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