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NY F81605

January 27, 2000

CLA-2-62:RR:NC:WA:357 F81605


TARIFF NO.: 6201.93.3000; 6201.93.3521

Mr. Charles Merendino
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, N.Y. 11434-4840

RE: The tariff classification of a boy's jacket from the Philippines

Dear Mr. Merendino :

In your letter dated January 6, 2000, on behalf of Tommy Hilfiger U.S.A., Inc., and Dayton Industries, you requested a classification ruling.

The sample submitted, style number 057 0503338, "Transformer Coat-Vest", is a boy's thigh-length jacket that is constructed of an outershell composed of a woven 100% nylon fabric. The garment is lined with a woven man-made fiber fabric and has a nonwoven batting fill. In a phone conversation you indicated that the jacket's shell fabric has a polyurethane coating for water resistance.

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, an integral hood and a full front opening that is secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with "VELCRO"-type fasteners covers the zipper area. The garment's hood can be rolled up and concealed within the collar by a zipper closure. The jacket has two vertical pockets with zipper closures along the front placket, two front pockets with zipper closures below the waist and a pocket with a zipper closure and a flap secured by a "VELCRO"-type fastener on the left sleeve. The jacket features long detachable sleeves with oversized armholes and "VELCRO"-type fastener tabs on the cuffs. The sleeves are held to the garment by zippers. The jacket also features a detachable portion on the bottom of the garment that measures approximately 8-3/4 inches in length and is held to the garment by a zipper that surrounds the lower portion of the body. When the sleeves and the bottom portion of the garment are detached the jacket can be worn as a shorter length garment without sleeves.

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 or boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3521, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines 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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