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NY N015757




August 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Schaefer
SanMar Corporation
P.O. Box 529
Preston, WA 98050

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

Dear Ms. Schaefer

This letter replaces NY J89811 that was issued to you on November 12, 2003. The information submitted for the original ruling letter indicated that the sample garment was unisex, and therefore it was classified as a women’s jacket. The new information and cutting specifications that you have submitted, indicate that the garment is sized for men. A complete corrected ruling follows. The sample which you submitted is being returned as requested.

The sample submitted, style number JP-54, is a men’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating for water resistance. 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.

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

The jacket has a full front opening secured by a zipper closure that extends to the top of the collar, a stand-up collar composed on the inner surface of a knit fleece fabric, long sleeves that have partial elastic and a tab with a hook and loop fastener on the cuffs and an elasticized waistband. The jacket features two front pockets with zipper closures at the waist, a zippered inner pocket and an inner zipper opening under the left armhole.

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 634. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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