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NY I84631

August 20, 2002

CLA-2-62:RR:NC:TA:357 I84631


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a men’s pullover jacket from Myanmar/Burma

Dear Ms. Bounds:

In your letter dated July 24, 2002, on behalf of Design Resources, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style U2860, is a men’s 100% nylon woven pullover jacket. It has a v-neck trimmed with a rib knit fabric, rib knit cuffs and waistband and a full woven lining. The shell is stated to have a PU (polyurethane) coating for water resistance.

Style number U2860 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.

We note that the sample is marked “Made in USA.” The classification of this item is based on the assumption that the production merchandise will be identical in construction to this sample. In addition, for your information merchandise from Myanmar/Burma must include the word “Burma” as part of its marking for country of origin purposes to satisfy the requirements of 19 U.S.C. 1304.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Myanmar/Burma are not currently subject to quota or 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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