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NY K85032




April 30, 2004
CLA-2-62:RR:NC:TA:357 K85032

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Sally Kim
American Customs, Inc.
145-63 226th St.
Springfield Gardens, NY 11413

RE: The tariff classification of a men’s pullover trainer jacket from Indonesia

Dear Ms. Kim:

In your letter dated April 7, 2004, on behalf of Acro Corporation, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style D29085, is a men’s v-neck pullover with a shell made from a 100% nylon woven fabric with a 600mm PU (polyurethane) coating on the back side. The item has small mesh inserts with grommets under each sleeve where it meets the body panels, slant pockets at the waist, elasticized fabric at the sleeve ends and the bottom hem, a back yoke with a hook and loop center fastener over a mesh partial lining and a Major League Baseball logo below the neck. The mesh inserts are not exposed in normal wear.

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 Indonesia are subject to quota 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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