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NY I82389

June 27, 2002

CLA-2-62:RR:NC:WA:357 I82389


TARIFF NO.: 6201.92.1500; 6201.92.2051

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 Hong Kong

Dear Ms. Bounds:

In your letter dated June 6, 2002, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number 552, “Bench Jacket”, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 70% cotton/30% nylon fabric which has a polyurethane coating for water resistance. The garment is lined in the body with a knit brushed 100% polyester fleece fabric. The garment is lined in the sleeves with a woven 100% nylon fabric and has a nonwoven batting fill.

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

The jacket has a stand-up collar, a full front opening secured by a zipper closure and an overlapping flap with four snaps that covers the zipper area. The jacket features two front pockets at the waist that are secured by flaps with two snap closures, an inner pocket with a zipper closure, long sleeves with partial elastic on the cuffs and a drawcord tightening through the bottom hem.

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 6201.92.1500, which provides for other men's or boys’ anoraks, windbreakers and similar articles, of cotton: water resistant. The duty rate will be 6.3 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2051, which provides for other men's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 9.5 percent ad valorem. The jacket falls within textile category designation 334. 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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