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NY I80494

May 10, 2002

CLA-2-62:RR:NC:WA:357 I80494


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tina Walker
Foot Locker, Inc.
International Trade Department
3543 Simpson Ferry Road
Camp Hill, PA 17011

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

Dear Ms. Walker:

In your letter dated March 10, 2002, you requested a classification ruling.

The sample submitted, style number 590056, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% polyester fabric which has a Teflon coating. The jacket is lined with a knit 65% polyester/35% cotton jersey fabric.

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

The jacket has a cross over v-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs, grommets under each armhole for ventilation and a ribbed-knit fabric waistband. The jacket features two front hand warmer pockets at the waist and a zipper opening on the left side seam. In a phone conversation it was indicated that when imported the jacket will have various state college names in block letters across the chest.

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 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 28.1 percent ad valorem.

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 646-733-3047.


Robert B. Swierupski

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