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NY H82661

July 11, 2001

CLA-2-62:RR:NC:WA:357 H82661


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. John Imbrogulio
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letter dated June 13, 2001, you requested a classification ruling.

The sample submitted, style number 88226DZ105, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 63% nylon/37% cotton fabric which has a polyurethane coating for water resistance. The jacket is lined with a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill.

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

The jacket has a fold-down pointed collar composed of a ribbed-knit fabric, a full front opening that is secured by a double pull zipper closure and a flap with five left-over-right button closures that covers the zipper area. The knit fabric collar is edged with a woven binding fabric. The jacket also has two front pockets below the waist that are secured by flaps with a two-button closure, a small pocket on the inside of the right front pocket, a textile label that features the “Faconnable” logo on the left front pocket, long hemmed sleeves, a zippered inner pocket, a small inner pencil pocket and a straight cut hemmed bottom.

The sample is being returned to you as you have requested.

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 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 7.2 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 28.2 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The jacket 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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