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NY L85742




July 18, 2005

CLA-2-62:RR:NC:N3:357 L85742

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Nader Dalili
Hot Chocolate, Inc.
1137 E. 32nd St.
Los Angeles, CA 90011

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

Dear Mr. Dalili:

In your letter dated June 14, 2005, you requested a classification ruling.

The submitted samples are a men’s jacket and trousers set, style CT-A038. Both garments have a shell made from a 100% nylon woven fabric and are lined with a combination of mesh and taffeta fabric.

The jacket portion of style CT-A038 has a full front opening with a zipper closure that extends to the top of the collar, an elasticized waistband and cuffs and on-seam pockets at the waist. The trousers have an elasticized waistband with no opening, a drawstring tightening at the waist, on-seam front pockets and long legs with elastic and a vertical zipper opening at the bottoms.

In your letter you stated that these garments have a 600mm PU (polyurethane) coating for water resistance.

These garments are eligible for classification as water resistant. If meeting the requirements of HTS Chapter 62 Additional U.S. Legal 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 of HTS Chapter 62 Additional U.S. Legal 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.

If meeting the requirements of HTS Chapter 62 Additional U.S. Legal Note 2, the applicable subheading for the trousers will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements of HTS Chapter 62 Additional U.S. Legal Note 2, the applicable subheading for the trousers will be 6203.43.4010, which provides for other men’s trousers or breeches of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

The jacket portion of style CT-A038 falls within textile category designation 634, and the trousers fall within category 647. 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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