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NY E88031

October 26, 1999

CLA-2-62:RR:NC:WA:357 E88031


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. L. Joy Wiggins
Whispering Pines Sportswear
505 Cuthbertson Street
Monroe, N.C. 28110

RE: The tariff classification of a man's jacket from Sri Lanka

Dear Ms. Wiggins:

In your letter dated September 22, 1999, on behalf of Hipage Company, you requested a classification ruling.

The samples you submitted for style number JC-125 are two identical jackets in different colors. In a phone conversation you indicated that the jackets are men's and are constructed of a shell that is composed of a woven 100% nylon fabric which has a 600mm acrylic coating. Each jacket is lined in the body with a mesh 100% polyester fabric and in the sleeves with a woven 100% nylon fabric lining.

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

The jackets are thigh-length and have a detachable hood with a drawcord tightening. The hood is held to the jacket by five snaps. The jackets have a full front opening secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with six snaps covers the zipper area. The jackets feature two zippered front pockets, an inner pocket, long sleeves with elastic and a tab with a snap closure on the cuffs and a drawcord tightening with plastic cord stoppers through the bottom hem.

The samples are being returned to you.

If the jackets pass 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 jackets do 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 Sri Lanka are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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