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NY L85607




July 14, 2005

CLA-2-62:RR:NC:N3:357 L85607

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad St.
New York, NY 10004

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

Dear Ms. Shira:

In your letter dated June 13, 2005, on behalf of Broder Bros. dba Alpha Shirt Company, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style HA-720, is a men’s v-neck pullover jacket made from a woven polyester fabric with polyester mesh overlays in the side panels. The garment has long sleeves with elasticized cuffs, a banded bottom with an elasticized drawstring, on-seam pockets at the waist, a rib knit trimming at the neck, a mesh lining in the body and a woven lining in the sleeves. Examination of the side-seam overlays confirms that they have a backing layer of woven fabric, which you have indicated has been treated for water resistance.

This jacket is eligible for classification as water resistant. If meeting the requirements for water resistance described in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for style HA-720 will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements of Additional U.S. Note 2, the applicable subheading for style HA-720 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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