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NY M84086




July 11, 2006

CLA-2-62:RR:NC:WA:357 M84086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Sandy Stubblefield
Augusta Sportswear
425 Park West Drive
Grovetown, GA 30813

RE: The tariff classification of a man’s pullover jacket from Macau and China

Dear Ms. Stubblefield:

In your letter dated May 31, 2006, received in this office June 13, 2006, you requested a classification ruling.

The sample submitted, style number 3130 “Pullover Jacket in a Pocket,” is a man’s hip-length windbreaker-type pullover jacket constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating. The garment is unlined. The jacket will be imported in sizes S to 3XL.

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

The jacket has a partial opening at the neck that is secured by a zipper closure, an integral hood with a drawcord tightening, long sleeves with elasticized cuffs, a pouch pocket with a flap and a reversible zipper pull closure on the lower portion of the front panel and a drawcord tightening through the bottom hem. When the jacket is not in use the pouch pocket can be turned inside out and the jacket can be folded and stored within the pocket by means of the zipper closure.

The sample is being returned to you.

This garment is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

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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