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NY K84757




May 3, 2004
CLA-2-62:RR:NC:WA:357 K84757

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, N.Y. 11434

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

Dear Mr. Santarelli:

In your letter dated April 5, 2004, on behalf of Burlington Coat Factory, you requested a classification ruling.

The sample submitted, style number 3008 - S04, is a man’s lower hip-length jacket constructed of a two layer fabric, with the outer surface composed of a woven 100% polyester fabric and the inner surface composed of a flat knit 100% polyester fabric, with a polyurethane resin in between. The garment is lined with a woven 100% polyester fabric and has a zip-out liner. The liner is composed in the upper portion of the body of a woven 100% nylon fabric, in the lower portion of the body of a woven 88% polyester/12% nylon fabric which is quilted to a nonwoven polyester batting fill and in the sleeves of a woven 88% polyester/12% nylon fabric. The liner is not of the type that can be worn separately.

The jacket has a full front opening secured by a zipper closure and long hemmed sleeves with grommets under each armhole for ventilation. The jacket has two front pockets with zipper closures at the waist, a cell phone pocket with a hook and loop fastener on the inner portion of the liner and a straight cut hemmed bottom.

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

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 Indonesia 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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