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May 4, 1999

CLA-2-62:RR:NC:WA:357 E80771


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a man’s shirt-style jacket from Bangladesh, Sri Lanka, China, Myanmar(Burma), Russia and Armenia

Dear Mr. Stack:

In your letter dated April 15, 1999, on behalf of your client, Amerex USA, Inc., you requested a classification ruling.

The sample submitted, style number 129169, is a man’s shirt-style jacket constructed of an outershell composed of a woven imitation suede 100% polyester fabric. The jacket is fully lined in the body and sleeves with a woven 100% nylon fabric which has a plastic coating.

The jacket has a pointed shirt-style collar and a full front opening secured by a left-over-right six button closure. The garment has two chest pockets with flaps which are secured by a one button closure, long sleeves with a placketed two button closure on the sleeve cuffs, two side seam vents in combination with a back seam, stitching across the back yoke and a straight cut bottom hem. Each outer button on the garment’s front opening, sleeve cuffs and pockets is fastened by reinforcing thread to a clear plastic inner back button.

The sample is being returned to you as you have requested. 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 Bangladesh, Sri Lanka and China are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Russia and Armenia 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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