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NY I86511

October 18, 2002

CLA-2-62:RR:NC:WA:357 I86511


TARIFF NO.: 6201.93.3000; 6201.93.3521

Ms. Laura Zhu
Business Innovations
6579 Peachtree Industrial Boulevard
Norcross, Georgia 30092

RE: The tariff classification of a boy’s jacket from Thailand

Dear Ms. Zhu:

In your letter dated September 25, 2002, you requested a classification ruling.

The sample submitted, style number MA-1, is a boy’s hip-length flight-style jacket constructed of a shell composed of a woven 100% nylon twill fabric which has an acrylic coating for water resistance. The jacket is lined with a woven 100% nylon taffeta fabric that is quilted to a nonwoven polyester batting fill. In your letter you indicate that the jacket will be imported in boy’s sizes from 2/4 to 12/14.

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 and a full front opening secured by a zipper closure. The jacket features two front pockets with flaps secured by a snap closure, long sleeves with ribbed-knit fabric cuffs, a zippered pocket on the left sleeve and a ribbed-knit fabric waistband. An embroidered emblem on the left chest depicts an airplane and the words “F-18 Fighter Pilot,” and an embroidered emblem on the left sleeve depicts the American flag.

The sample is being returned to you.

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 or boys’ 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 6201.93.3521, which provides for other boy’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 Thailand 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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