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NY F82491





February 22, 2000

CLA-2-62:RR:NC:WA:357 F82491

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a men’s pullover jacket from Taiwan, Myanmar, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Cambodia

Dear Ms. DeEsposito:

In your letter dated January 27, 2000, you requested a classification ruling. A sample and a swatch representing the production goods were submitted. The garment is being returned as you requested.

The item in question, style 110A, has a woven 100% nylon shell which you indicated has been treated with a 600mm polyurethane coating for water resistance. It extends to the hips and has side-seam pockets at the waist along with rib knit cuffs, waistband and crossover collar.

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

If the pullover 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 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

This garment falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Cambodia are subject to quota 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.

Sincerely,

Robert B. Swierupski
Director,

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