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NY I84660

August 22, 2002

CLA-2-62:RR:NC:WA:357 I84660


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Paul Meyer
Nik And Associates
800 S. Hindry Ave., Unit A
Inglewood, CA 90301

RE: The tariff classification of a man’s jacket from China

Dear Mr. Meyer:

In your letter dated July 29, 2002, on behalf of JMI International, you requested a classification ruling.

The sample submitted, style name “Sublimation Jacket”, is a man’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric. The shell features a printed contrasting color striped design, and has the “Polaris” logo and tradename on the front and rear panels, the collar and sleeves. The jacket is lined with a woven 100% nylon fabric that is quilted in a diamond pattern to a nonwoven polyester batting insulation. The garment also has an additional woven 100% nylon fabric inner lining. The inner lining extends from edge to edge on the front and rear panels and along the length of each sleeve. In your letter and in a phone conversation you indicated that the inner lining has a polyurethane coating for water resistance.

The jacket has a double stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the inner collar. A double overlapping flap with seven snaps covers the zipper area. The jacket features two front pockets with zipper closures at the waist, an inner pocket with a hook and loop fastener, long sleeves with elastic and a tab with a hook and loop fastener on the cuffs and a zipper opening under each armhole for ventilation. The garment’s waistband has a hanging plastic “D” ring in the front, an adjustable textile tab with a hook and loop fastener on each side and elastic in the rear.

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 China 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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