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NY J89335

October 23, 2003

CLA-2-62:RR:NC:WA:357 J89335


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Min Hong
Vandegrift Forwarding Company, Inc.
11099 South LaCienega Blvd., Suite 242
Los Angeles, CA 90045

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

Dear Mr. Hong:

In your letter dated September 25, 2003, on behalf of CFL Enterprises Ltd., you requested a classification ruling.

The sample submitted, style number 101920, is a man’s hip-length pullover jacket constructed of a shell composed of a woven nylon fabric. In a phone conversation it was indicated that the shell fabric has a plastic coating. The jacket is lined with a knit mesh polyester fabric in the body and with a woven nylon fabric in the sleeves.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar with a partial opening at the neck that is secured by a zipper closure. The jacket also has long sleeves with elasticized cuffs, two front hand warmer pockets at the waist and a drawcord tightening at the bottom with a left side seam zipper opening. The jacket features contrasting color strips of fabric on the front yokes below the shoulders, and on the lower portion of each sleeve. The logo and tradename “adidas” is embroidered onto the right chest, and an embroidered patch with letters identifying the name of a college is on the left chest.

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 Vietnam are not presently subject to quota restraints 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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