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NY G83447




November 3, 2000

CLA-2-62:RR:NC:WA:357 G83447

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6210.50.5020

Mr. Spencer Hutchins
AKA International, Inc.
2601 Elliott Avenue, Suite 3167
Seattle, WA 98121

RE: The tariff classification of two women's jackets from Sri Lanka or the Philippines

Dear Mr. Hutchins:

In your letter dated October 9, 2000, on behalf of Sanmar, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number L-753 is a woman's upper thigh-length jacket constructed of a shell that is composed of a woven 65% polyester/35% cotton fabric which has a visible polyurethane coating on the inner surface. The jacket is lined in the body with a knit mesh 100% polyester tricot fabric and in the sleeves with a woven man-made fiber fabric.

The jacket has a stand-up collar with a drawcord tightening and a full front opening that is secured by a double pull zipper closure. The front zipper pull has a textile hangtag that features the "Port Authority" logo. The jacket also has an inner drawcord tightening at the waist, two front pockets below the waist, a pocket with a zipper closure on the inner portion of the front placket, long sleeves with elasticized cuffs and a straight cut hemmed bottom.

Style number L-755 is a woman's upper thigh-length jacket constructed of shell that is composed of a woven taslan 100% nylon fabric which has a polyurethane coating on the inner surface. The garment is lined with a knit brushed man-made fiber fleece fabric in the body and with a woven man-made fiber fabric which is quilted to a nonwoven batting fill in the sleeves.

The coating on this sample is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar and a full front opening that is secured by a double pull zipper closure that extends to the top of the garment's collar. The front zipper pull features a textile hangtag that has the "Port Authority" logo. The jacket has an inner drawcord tightening at the waist, two front pockets with zipper closures below the waist, a zippered inner pocket, long sleeves with elastic and a tab with a hook and loop fastener on the cuffs and a straight cut hemmed bottom.

The samples are being returned to you as you have requested.

The applicable subheading for style number L-753 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

Style number L-755 is eligible for classification as water resistant. 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 percent ad valorem.

If style number L-755 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

Both style numbers L-753 and L-755 fall within textile category designation 635. Based upon international textile trade agreements products of Sri Lanka or 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.

Sincerely,

Robert B. Swierupski
Director,

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