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NY K89905




October 27, 2004

CLA-2-62:RR:NC:WA:357 K89905

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of three men’s jackets from Sri Lanka and China

Dear Mr. Hoffacker:

In your letter dated September 27, 2004, on behalf of Alpha Shirt Company, you requested a classification ruling.

Three samples were submitted as follows: Style number CH705 is a man’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric. The jacket is lined with a knit mesh 100% polyester fabric. The jacket has a full front opening secured by a zipper closure, long sleeves with elasticized cuffs, two front pockets with zipper closures at the waist, a stand-up collar and a drawcord tightening through the bottom hem.

Style number CH700 is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric. The jacket is lined in the body with a knit brushed polyester fleece fabric and in the sleeves with a woven nylon fabric. The jacket has a full front opening secured by a zipper closure, long sleeves with elasticized capping fabric at the wrist area, two double entry front pockets at the waist, a zipper closure on two of the front pockets, a stand-up collar with elasticized capping fabric at the edge and elasticized capping fabric at the bottom hem. The jacket has two inner pockets. One inner pocket has a zipper closure and the other has a hook and loop fastener.

Style number CH850 is a man’s hip-length jacket constructed of a shell composed of a woven 85% polyester/15% nylon fabric. The jacket is lined in the upper body with a knit mesh 100% polyester fabric and in the lower body and sleeves with a woven 100% nylon fabric. The jacket has a full front opening secured by a zipper closure, long sleeves with an adjustable snap closure on the cuffs, two double entry front pockets at the waist, a zipper closure on two of the front pockets and elastic tightening on each side of the bottom hem. An overlapping flap with five snaps covers the front zipper area. The jacket has a stand-up collar, free hanging front and rear yokes that cover the mesh lining and are secured by hook and loop fasteners, and an inner pocket with a zipper closure.

In a fax you submitted it was indicated that each garment has a polyurethane coating. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

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

Each garment is eligible for classification as water resistant. If the jackets 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of China and Sri Lanka 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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