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NY K86021




June 4, 2004
CLA-2-62:RR:NC:WA:357 K86021

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6201.93.3521

Ms. Anna Lynn
Augusta Sportswear
P.O. Box 14939
Augusta, Georgia 30919-0939

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

Dear Ms. Lynn:

In your letter dated May 5, 2004, you requested a classification ruling.

The sample submitted, style number 5775 “Sport Tec Nylon Jacket”, is a man’s hip-length jacket which is constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating. The jacket has a mesh fabric lining in the body and a woven fabric lining in the sleeves. In your letter you indicate that when imported the jacket will have a knit 100% polyester jersey fabric lining. You further indicate that the identical jacket will also be imported under style number 5776 in boy’s sizing S - L.

The coating 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 with elasticized cuffs, two slanted front pockets at the waist and an inner pocket with a hook and loop fastener. The garment also has a stand-up collar, a free hanging rear yoke with two hook and loop fasteners and a drawcord tightening at the bottom hem. Contrasting color piping fabric is featured on the shoulders and along the length of each sleeve.

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 in men’s sizes will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. In boys’ sizes the applicable HTS subheading for the garment will be 6201.93.3521, which provides for other boy’s anoraks, windbreakers and similar articles of man-made fibers. In both cases 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 Macau 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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