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NY K85258




June 15, 2004
CLA-2-62:RR:NC:WA:357 K85258

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of a man’s jacket and pair of trousers from Bangladesh

Dear Mr. Mento:

In your letter dated May 13, 2004, on behalf of KP Sports, Inc., dba Under Armour Performance Apparel, you requested a classification ruling.

Two samples were submitted as follows: Style number 8015 is a man’s hip-length warm-up type jacket, and style number 8016 is a man’s warm-up type pants. Both the jacket and the pants are constructed of a shell composed of a woven 100% polyester fabric coated with polyurethane on the inner surface for water resistance and a fluorochemical durable water repellent finish for water repellency. The jacket is fully lined with a mesh fabric in the body and sleeves. The trousers are lined with a mesh fabric in the upper portion of the garment and with a woven fabric in the lower portion. In your letter you stated that the jacket and pants will not be sold together as a set, but will be sold separately.

The coating on each garment 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, two front pockets at the waist and a zippered pocket along the inner portion of the left front placket. The garment also has a stand-up collar and a drawcord tightening at the bottom hem. The jacket features a contrasting color strip of fabric along the length of each sleeve and along the length of each side seam. The “Terps” logo is on the left chest the “Under Armour” logo is on the right chest and the “Under Armour” tradename and logo are on the rear yoke.

The pants are a pull-on pair of trousers that have an elasticized waistband with an inner drawcord tightening. The garment has two side seam pockets below the waist and long hemmed trouser legs that have a gusset opening at the ankle area that is secured by three snaps. The left hip area features the “Under Armour” logo and the right hip area features the “Terps” logo. The trouser legs have a contrasting color strip of fabric along the length on the outer portion of each side seam that extends from the hip area to the bottom hem.

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

The jacket 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 trousers are eligible for classification as water resistant. If the trousers pass 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 6203.43.3500, which provides for other: men’s or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other: men’s trousers and breeches: of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Bangladesh 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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