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March 30, 1999

CLA-2-62:RR:NC:WA:357 D89734


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Adriene Sprenger-Mahal
Air Commerce Customs Broker, Inc.
46 North Lively Blvd.
Elk Grove Village, IL 60007

RE: The tariff classification of a man’s jacket from Hong Kong, China, Sri Lanka, Macau and Myanmar (Burma)

Dear Ms. Sprenger-Mahal:

In your letter received in this office on March 24, 1999, on behalf of Hilton Corporate Casuals, you requested a classification ruling.

The sample submitted, style name “Edge”, is a man’s hip-length jacket constructed of an outershell composed of a woven 100% nylon taslan fabric which has a 600mm polyurethane coating. Fabric inserts composed of a check design are located along the length of the right front panel, along the length on the right side of the back panel, along the length of the left sleeve, on the inner portion of the collar and on the inner portion of the front placket. The check pattern fabric also appears to be coated for water resistance and this classification ruling is based on that assumption. The garment is lined with a woven 100% nylon taffeta 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 and a full front opening secured by a zipper closure. An overlapping flap with six snap closures covers the zipper area. The garment has two front slant pockets at the waist, elasticized sleeve cuffs and an elasticized waistband.

The sample is being returned to you.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), 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 anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 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 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Hong Kong, China, Sri Lanka and Macau are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are not presently subject to quota restraints nor the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-637-7076.


Robert B. Swierupski

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