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NY I86272

October 1, 2002

CLA-2-62:RR:NC:WA:357 I86272


TARIFF NO.: 6210.40.5020

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s hip-length jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated September 18, 2002, you requested a classification ruling.

The sample submitted, style number HV747R, is a man’s hip-length jacket constructed of a shell composed of a 100% polyester fabric that has a visible polyurethane coating on the inner surface. The jacket is lined in the body and collar with a knit brushed 100% polyester fleece fabric and in the sleeves with a woven 100% nylon taffeta fabric that is quilted in a diamond pattern to a nonwoven batting fill. In your letter you indicate that when imported some jackets will have a different body lining composed of a knit 75% polyester/25% rayon heather fleece fabric. The garment will also be imported under style number HV747RT in tall sizes.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. The jacket also has long sleeves with ribbed-knit fabric cuffs, two front pockets with zipper closures at the waist, an inner pocket with a hook and loop fastener and a ribbed-knit fabric waistband. The garment features strips of reflective tape on the front and rear panels and on the sleeves.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are presently neither subject to quota restraints nor 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.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with “Burma,” “Myanmar/Burma,” or “Burma/Myanmar,” to satisfy the requirements of 19 U.S.C. 1304.

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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