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NY E89608

November 22, 1999

CLA-2-62:RR:NC:WA:357 E89608


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. W.J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

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

Dear Mr. Gonzalez:

In your letter dated November 2, 1999, on behalf of Intersport Fashions West, Inc., you requested a classification ruling.

The sample submitted, style name Sirroco, is a man's hip-length jacket which is constructed of a shell that is composed on the outer surface of a woven 100% nylon fabric which is heat sealed on the inner surface to a knit 100% polyester fleece fabric. In a phone conversation it was indicated that the woven nylon shell fabric has a polyurethane coating on the outer surface. It was further indicated that this garment when imported would be the inner jacket of a double jacket set. Although this jacket may be worn as part of a double jacket set it can also be worn separately and will be classified as a separate garment.

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 that is secured by a zipper closure. There are three snaps on the outer portion of the collar. The jacket has two front slash pockets at the waist, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The jacket has an elastic loop above each sleeve cuff and textile fabric loops on the center portion of the back yoke and on the lower portion of each side seam. The logo "FirstGear" is embroidered onto the left chest.

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 China 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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