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NY J83295

May 6, 2003

CLA-2-62:RR:NC:WA:357 J83295


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dana L. Bounds
UPS Supply Chain Solutions
1600 Genessee, Suite 450
Kansas City, MO 64102

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

Dear Ms. Bounds:

In your letter dated April 10, 2003, on behalf of Design Resources, Inc., you requested a classification ruling.

The sample submitted, style number 4999, is a man’s hip-length jacket constructed of a shell composed of a three-layer fabric with an outer layer of woven 100% polyester fabric and an inner layer of a flat knit 100% polyester fabric bonded together by a polyurethane resin. There are woven fabric inserts on the edge of the side seams composed of an 87% polyester/13% nylon bonded fabric. The jacket is lined with a woven 100% polyester fabric.

The jacket has a stand-up collar and a full front opening secured by a double pull zipper closure that extends to the top of the collar. The jacket features two front pockets with zipper closures at the waist, an inner pocket with a hook and loop fastener, long sleeves with adjustable snap closures on the cuffs and a straight cut bottom hem with two side seam tabs that are secured on the rear panel by adjustable snap closures.

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 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 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.9 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Myanmar (Burma) are not presently subject to quota restraints or the requirement of a visa.

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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