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NY H83029

July 26, 2001

CLA-2-62:RR:NC:WA:357 H83029


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

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

Dear Ms. Bounds:

In your letter dated June 26, 2001, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style 4417-“Navy”, is a man’s hip-length baseball-style jacket that is constructed of a woven 100% nylon fabric which has a clear polyurethane coating on the inner surface. The garment is lined with a woven 100% nylon 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 an integral hood with a drawcord tightening that is composed of a knit fleece fabric, a neck warmer collar that is composed of a striped ribbed-knit polyester fabric, long sleeves with striped ribbed-knit polyester fabric cuffs and a striped ribbed-knit polyester fabric waistband. The garment also has a full front opening secured by six left-over-right snap closures, contrasting color piping on the front and rear portion of the raglan sleeve seams, two front pockets with snap closures at the waist and an inner pocket.

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

In a phone conversation and in spec sheets you submitted for the garment it was indicated that this jacket would also be imported with different color shell fabrics. Some colors will have the same clear polyurethane coating as the sample garment. Other colors will have a different coating. We cannot rule on other coatings without a sample. This ruling applies only to this style with this coating.

This garment 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 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.

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