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NY L82837




March 17, 2005

CLA-2-62:RR:NC:N3:357 L82837

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of a men’s jacket from China

Dear Ms. Stubblefield:

In your letter dated March 2, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 5650, is an outerwear jacket with a shell made from a 100% polyester woven microfiber fabric and a lining made partially from a woven nylon taffeta fabric and partially from a mesh fabric. The jacket has a full front opening with a zipper closure that extends to the top of the collar and is covered by a flap with four snaps, an elasticized waistband and cuffs, slant pockets at the waist and front yokes over a mesh backing.

Although you did not indicate the gender, examination of the sample indicates that it is cut to men’s sizing specifications.

You stated that the jacket is water resistant but gave no details. This garment is eligible for classification as water resistant. If meeting the requirements described in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements described in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

This jacket falls within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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