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NY J89812

November 13, 2003
CLA-2-62:RR:NC:WA:357 J89812


TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Spencer Hutchins
AKA International, Inc.
1200 South 192nd Street, Suite 103
Seattle, WA 98148

RE: The tariff classification of a woman’s jacket from Vietnam or Burma/Myanmar

Dear Mr. Hutchins:

In your letter dated October 15, 2003, on behalf of SanMar, you requested a classification ruling.

The sample submitted, style number L730, is a woman’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating for water resistance. The garment is lined with a woven 100% nylon fabric.

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

The jacket has a zip-off hood with a drawcord tightening, a fold-down pointed collar and a full front opening secured by a zipper closure. An overlapping flap covers the zipper area. The jacket also has long vented sleeves with an adjustable snap closure on the cuffs, two front slash pockets at the waist and an inner pocket. The jacket features a zipper opening along the inner portion of the left front seam between the lining fabric and the facing fabric and a zipper opening on the lower portion of the rear panel between the seam of the lining fabric and the bottom hem fabric.

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 6202.93.4500, which provides for other women's or girls’ 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 6202.93.5011, which provides for other women'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 635. Based upon international textile trade agreements products of Vietnam are not presently subject to quota restraints or the requirement of a visa.

On July 28, 2003, the President signed Executive Order 13310, published in the Federal Register on July 30, 2003 (68 Fed. Reg. 44853). The order provides that effective August 29, 2003 (30 days after the effective date of the order), the importation into the United States of any article that is a product of Burma is prohibited. An exception exists for Burmese products provided for in regulations, orders, directives, or licenses that may be issued pursuant to the order, and "to the extent that prohibiting the importation of such articles would conflict with the international obligations of the United States under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the United Nations Headquarters Agreement, and other legal instruments providing equivalent privileges and immunities."

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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