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PD G81164

September 21, 2000

CLA-2-62:PD:A:TC:I:I27 G81164

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Planning & Logistics Specialist
Hartwell Sports, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a men’s jacket from various countries

Dear Ms. Smith:

In your letter dated August 16, 2000, you requested a tariff classification ruling.

The submitted sample, style #405A, is a men’s pullover windbreaker-type jacket. The jacket is constructed from 100 percent nylon woven fabric, which has a polyurethane coating for water resistance purposes. The jacket is not visibly coated as defined in the Harmonized Tariff Schedule of the United States (HTS); therefore, HTS heading 6210 does not apply.

The jacket features a partial frontal opening secured by a zipper. The garment also features a hood with a drawstring at the neckline, long sleeves with elasticized cuffs, a front pocket, and a drawstring at the hemmed bottom. The jacket can be folded and packed into it’s own front pocket and secured by zipper closure. The submitted sample will be returned under separate cover.

If the jacket passes the water resistant test specified in the HTS, Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.3 percent ad valorem.

If the jacket does not pass the water resistant test, then the applicable HTS subheading for the garment will be 6201.93.3511 , which provides for men’s or boys’anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: other: men’s. The rate of duty will be 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Taiwan, China, Hong Kong, Sri Lanka, Philippines, Indonesia and Cambodia are subject to quota and the requirement of a visa. This product is not subject to either quota or visa requirements from Myanmar at this time.

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. Part categories are the result of international bilateral agreements that are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.

Sincerely,

Thomas S. Winkowski
Port Director

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