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NY H84023

August 8, 2001

CLA-2-62:RR:NC:WA:357 H84023


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

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

Two samples, a man’s jacket that extends to the thigh area and a swatch of fabric, were submitted for style number 8690GS124. The man’s jacket is a representative sample of how the garment will be constructed and styled when it is imported into the United States. The swatch of fabric that is composed of a woven 48% cotton/39% polyester/13% nylon fabric, which you indicate has a silicone coating for water resistance, is a sample of the fabric that will be used to manufacture the jacket when it is imported into the United States. The garment is lined with a woven man-made fiber fabric.

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

The jacket has a snap-down pointed collar and a full front opening that is secured by a zipper closure. An overlapping flap with six snaps covers the zipper area. The garment also has two front pockets with flap closures below the waist, a label with the “Faconnable” logo on the left flap, long hemmed sleeves, a straight cut hemmed bottom, two side seam vents and two seams along the length of the rear panel.

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

When constructed of the identical woven 48% cotton/39% polyester/13% nylon fabric with silcone coating that you submitted, and 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 Hong Kong 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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