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NY L80055




October 27, 2004

CLA-2-62:RR:NC:WA:357 L80055

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0054

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

RE: The tariff classification of two men’s pullover jackets and a man’s pullover outerwear vest from Sri Lanka

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 CH800 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% polyester fabric. The jacket is unlined and has a crossover, v-neck style collar composed of a ribbed-knit fabric, long sleeves with a small mesh insert under the armholes, ribbed-knit fabric cuffs, two side seam pockets at the waist and a ribbed-knit fabric waistband.

Style number DG955 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% polyester fabric. The jacket is lined in the rear panel with a knit mesh polyester fabric. The jacket has a crossover, v-neck style collar that is composed of a ribbed-knit fabric in the rear, long sleeves with elasticized cuffs that can be zippered off at the elbow area allowing the garment to be worn with a shorter sleeve, two side seam pockets at the waist and a ribbed-knit fabric waistband.

Style number CH805 is a man’s pullover outerwear vest constructed of a shell composed of a woven 100% polyester fabric. The vest is unlined. The vest has a crossover, v-neck style collar composed of a ribbed-knit fabric, oversized armholes, two side seam pockets at the waist and a ribbed-knit fabric waistband.

In a fax you submitted it was indicated that style numbers CH800 and CH805 have a Teflon coating and style number DG955 has a polyurethane coating. The coatings are 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.

Style numbers CH800 and DG955 are 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.

The applicable subheading for style number CH805 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers, vests: other. The duty rate will be 16 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Sri Lanka are presently subject to quota restraints and the requirement of a visa.

The outerwear vest falls within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka are subject to a visa requirement

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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