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NY H83907

August 14, 2001

CLA-2-62:RR:NC:WA:357 H83907


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

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

Dear Ms. Baron:

In your letter dated July 30, 2001, on behalf of your client, Fashion Resources Corporation, you requested a classification ruling.

The sample submitted, style number CM260289, is a man’s hip-length jacket constructed of a shell composed of a woven 85% polyester/15% nylon fabric. The jacket is fully lined with a woven 100% nylon fabric which has a polyurethane coating.

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 and a full front opening that is secured by a zipper closure. An overlapping flap with one snap closure at the top and two snap closures at the bottom covers the zipper area. The jacket also has two front double entry slash pockets with zipper closures at the waist, long vented sleeves with adjustable snap closures on the cuffs, a zippered pocket on the inner portion of the front placket, an inner pocket secured by a flap with a hook and loop fastener and an elasticized waistband.

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 Sri Lanka 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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