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NY K89425




October 7, 2004

CLA-2-62:RR:NC:WA:357 K89425

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Kyle
Woolrich, Inc.
Two Mill Street
Woolrich, PA 17779

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

Dear Ms. Kyle:

In your letter dated September 9, 2004, you requested a classification ruling.

Two samples, a man’s hip-length jacket and fabric, were submitted for style number 16804. The man’s jacket is a representative sample of how the garment will be constructed and styled when it is imported into the United States. The fabric, composed of a woven 100% nylon taffeta fabric coated with polyurethane, is a sample of the fabric that will be used to manufacture the shell of the jacket when it is imported into the United States. The jacket’s nylon shell fabric and woven cotton twill lining fabric are quilted together in a 1-inch square shape pattern to a nonwoven batting in between.

The jacket has a full front opening secured by a left-over-right, five-snap closure, long hemmed sleeves with a vent opening at the wrist area that is secured by an adjustable snap closure, a patch pocket on the left chest and two front diagonal pockets below the waist. The jacket has a fold-down pointed collar and a straight cut hemmed bottom with two rear vents secured by a snap closure. Each snap has the “Woolrich” tradename.

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

When constructed of the 100% nylon taffeta fabric coated with polyurethane that you submitted 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 jacket falls within textile category designation 634. Based upon international textile trade agreements products of Thailand 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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