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NY I83173




July 17, 2002

CLA-2-62:RR:NC:WA:357 I83173

CATEGORY: CLASSIFICATION

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 June 18, 2002, on behalf of your client, Fashion Resources Corp., you requested a classification ruling.

The sample submitted, style number 61242, is a man’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating, and of a lining composed of a knit 65% polyester/35% cotton jersey fabric, which are quilted together in a diamond pattern to a nonwoven polyester batting fill in between.

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

The jacket has a neck warmer collar composed of a ribbed-knit fabric, a full front opening secured by a zipper closure and long sleeves with ribbed-knit fabric cuffs. The jacket also has two front pockets at the waist, a straight cut bottom hem on the front panels that are edged with a capping fabric and a ribbed-knit fabric bottom hem on the rear panel.

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 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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