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NY M80850




March 8, 2006

CLA-2-62:RR:NC:WA:357 M80850

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Ms. Diane Newton
UPS Supply Chain Solutions
500 Rutherford Ave.
Charlestown, MA 02129

RE: The tariff classification of a man’s jacket from Cambodia

Dear Ms. Newton:

In your letter dated February 7, 2006, on behalf of WearGuard-Crest, you requested a classification ruling.

The sample submitted, style number 401, is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric. In a fax submitted you indicated that the nylon shell fabric has a polyurethane and acrylic coating. The jacket is lined in the body with a knit brushed 100% polyester fleece fabric and in the sleeves with a woven 100% nylon fabric that is quilted to a nonwoven polyester batting fill.

The coating is not visible as that term in defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the collar. The jacket also has long sleeves with ribbed-knit fabric cuffs, two zippered front pockets at the waist, an inner pocket with a hook and loop closure and a ribbed-knit fabric waistband.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers: other: water resistant. The duty rate will be 7.1 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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