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NY L80699





November 18, 2004

CLA-2-62:RR:NC:WA:357 L80699

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6211.33.0054

Mr. R.H. Meighan
Federated Merchandising Group
Customs Department
11 Penn Plaza
New York, N.Y. 10001

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

Dear Mr. Meighan:

In your letter dated October 28, 2004, you requested a classification ruling.

Two samples were submitted as follows: Style number 8311 is a man’s hip-length pullover jacket constructed of a shell composed of a woven 85% polyester/15% nylon fabric which has a polyurethane coating. The jacket is lined with a 100% polyester mesh fabric.

The jacket has a stand-up collar with a partial opening at the neck area that is secured by a zipper closure, short-sleeves, two side seam pockets at the waist that are secured by a hook and loop fastener and an elasticized waistband with a zipper opening on the right side seam.

Style number 8201 is a man’s hip-length pullover outerwear vest constructed of a shell composed of a woven 85% polyester/15% nylon fabric which has a polyurethane coating. The vest is lined with a woven 100% polyester satin fabric. The vest has a crossover, v-neck style collar composed of a ribbed-knit fabric, oversized armholes edged with a ribbed-knit fabric, two side seam pockets at the waist that are secured by hook and loop fasteners and a ribbed-knit fabric waistband.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

In a fax, you submitted a test report from an independent laboratory certifying that the jacket and the vest passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The applicable subheading for jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), 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.

The vest is not eligible for water resistant classification. The applicable subheading for the vest 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.

The 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 not subject to quota restraints but a visa is required.

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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