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NY H84521




September 6, 2001

CLA-2-62:RR:NC:WA:357 H84521

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar (Burma), Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated August 10, 2001, you requested a classification ruling.

The sample submitted, style number 1470, is a man’s hip-length windbreaker-type jacket. The jacket is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane coating. The jacket is lined in the upper rear panel and in the hood with a polyester mesh fabric.

The jacket has an integral hood that is secured by a drawcord tightening with two plastic cord locks and a full front opening that is secured by a zipper closure. The jacket also features long sleeves that have a drawcord tightening with a plastic cord lock on each cuff, two front pockets with zipper closures at the waist, a free hanging rear yoke that is secured at the bottom by a loop with a plastic cord lock and a straight cut hemmed bottom. The jacket features reflective piping along the length of the front panels, across the bottom portion of the rear yoke and at the bottom edge of each sleeve.

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

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 General duty rate will be 7.2 percent ad valorem. From Vietnam this provision is subject to a Column 2 duty rate of 65 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 General duty rate will be 28.2 percent ad valorem. From Vietnam this provision is subject to a Column 2 duty rate of 90 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are not presently subject to quota restraints nor 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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