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NY N024884




April 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Laree Griffith
Carson Customs Brokers USA, Inc.
925 Boblett Street
Blaine, WA 98230

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

Dear Ms. Griffith:

In your letter received in this office March 18, 2008, on behalf of Symax Garments, you requested a classification ruling.

The sample submitted, style number 222B, is a man’s hip-length jacket with a shell composed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface. The jacket is lined 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 stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar, long hemmed sleeves, two front pockets with zipper closures at the waist and a straight cut hemmed bottom. Emblems with the “Miller Lite” logo and tradename are sewn onto the left chest and rear panel. Also on the rear panel are the words “Summer 2008” “Official Sponsor” and an emblem with the “Harley-Davidson Motor Cycles” logo and tradename.

In your letter you suggested that this jacket should be classified under HTS 6202.93.4500, which is the classification for a women’s water resistant jacket. In a telephone conversation, however, you stated that this jacket is a man’s. Therefore, the garment will be classified as men’s.

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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