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NY L85768




July 21, 2005

CLA-2-62:RR:NC:TA:357 L85768

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Mr. John Nagel
Sara Lee Branded Apparel
1000 E. Hanes Mill Road
Winston-Salem, NC 27105

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

Dear Mr. Nagel:

In your letter dated June 17, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style B1305-P, is a men’s pullover jacket with a shell made from a 100% polyester dobby weave fabric with a PU (polyurethane) coating for water resistance. The jacket is fully lined in the body and sleeves with a mesh fabric. The jacket has a half-zipper closure covered by a storm flap with hook and loop closures, an integral hood with a mesh lining, zippered pockets at the waist, an elasticized drawstring with cord lock at the bottom hem, a free-hanging yoke-type back panel with hook and loop closures, elasticized sleeve ends, contrasting color fabric on the underside of the sleeves and reflective piping in the seams of the raglan sleeves.

According to a report you submitted the jacket qualifies as water resistant. We have not verified those results in our laboratory; however, the Customs officer handling the transaction at the time of importation may choose to do so.

Based on the information you provided 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’ water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 7.1 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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