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NY L87258





September 16, 2005

CLA-2-62:RR:NC:TA:357 L87258

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Brandon Terrell
GFSI, Inc.
9700 Commerce Parkway
Lenexa, KS 66219

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

Dear Mr. Terrell:

In your letter dated August 31, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style SI2643, is an outerwear jacket with a shell made from a 100% polyester woven fabric with a polyurethane coating for water resistance. The jacket has a full front opening with a zipper closure that extends to the top of the collar, long sleeves with a hook and loop adjustment tab at the ends, a vented upper back panel, on-seam zippered pockets at the waist, an elasticized drawstring at the bottom hem and a full lining.

This jacket is eligible for classification as water resistant. If meeting the requirements for water resistance described in 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 for water resistance described in 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, water resistant. The duty rate will be 27.7 percent ad valorem.

This jacket falls within textile category designation 635. 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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