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NY F87460

June 22, 2000

CLA-2-62:RR:NC:WA:357 F87460


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Masco
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

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

Dear Ms. Masco:

In your letter dated June 6, 2000, you requested a classification ruling.

The sample submitted, style number 8375GS090, is a man's upper thigh-length jacket that is constructed of a shell composed of a woven 85% polyester/15% wool fabric which you indicate has a silicon application for water resistance. The garment is lined in the body with a woven 63% polyester/37% nylon fabric and in the sleeves with a woven 100% polyester fabric. The garment is quilted on three-quarters of the upper body and has a nonwoven batting fill.

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

The jacket has a pointed collar that is composed on the outer surface of a corduroy fabric and a full front opening that is secured by a zipper closure. An overlapping flap with six left-over-right button closures covers the zipper area. The jacket has a left breast pocket with a smaller pencil pocket, two front pockets with flap located below the waist, a smaller pocket with a "VELCRO"-type fastener on the inner surface of the right front pocket and a zippered pocket with a smaller pencil pocket on the inner surface. The jacket features two side seam openings at mid-waist which allows the wearer easy access to inner garments. The jacket has a straight cut hemmed bottom.

In your letter you referred to a prior ruling on a similarly constructed garment which was determined by the Customs laboratory to be water resistant. As the piece goods on the present garment are not identical to the subject of the earlier ruling, we cannot extend the finding of water resistance. However, inasmuch as the laboratory determined that the silicon was a plastics application, that portion of its finding remains relevant.

This garment is eligible for water resistance classification. If style number 8375GS090 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 7.3 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.

Style number 8375GS090 falls within textile category designation 634. Based upon international textile trade agreements products of Singapore 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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