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NY F85185

April 25, 2000

CLA-2-62:RR:NC:WA:357 F85185


TARIFF NO.: 6201.93.3511

Ms. Martha Spagnuolo
Dash America, Inc.
620 Compton Street
Broomfield, CO 80020

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

Dear Ms. Spagnuolo:

In your letter received in this office on March 6, 2000, on behalf of Dash America, Inc., d.b.a. Pearl Izumi, you requested a classification ruling.

The sample submitted, style number 4665, "Kodiak Barrier Jacket", is a man's jacket that is constructed of an outershell which is composed of a woven 100% polyester fabric on the two front panels, on the outer portion of the collar, on the back yoke, on the shoulders extending along the length of each sleeve, and on the pocket on the lower portion of the back panel. The woven portions of the jacket are lined with a brushed knit fabric. The remaining portions of the outershell are constructed of a knit 100% polyester fabric that is brushed on the inner surface. The knit portions of the garment are located on each side of the jacket extending under the armholes and three-quarters along the length on the lower portion of each sleeve and in the center portion of the back panel.

You indicate in your letter that the woven 100% polyester fabric portions of the jacket have a durable water repellant finish.

The woven portions of the jacket provide the essential character. However, due to the significant amount of untreated fabric, the garment is not considered water resistant.

The jacket has a stand-up collar and a full front opening that is secured by a zipper closure. The garment also has two front pockets with zipper closures at the waist, a zipper pocket on the lower portion of the back panel, ribbed-knit sleeve cuffs and an elasticized drawcord through the bottom hem. The garment features reflective piping on the front and back yoke, on the sleeves and on the rear pocket. A tag with the "Pearl Izumi" logo is hanging from each zipper pull. A clear plastic label with the "iP" logo is on the left chest and on the rear pocket.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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.

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