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NY K82232





January 27, 2004
CLA-2-62:RR:NC:WA:357 K82232

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Tony Ruan
Silvermark Corporation
1359 Broadway, Suite 702/704
New York, N.Y. 10018

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

Dear Mr. Ruan:

In your letter dated December 31, 2003, you requested a classification ruling.

The sample submitted, style number 617, is a man’s hip-length jacket constructed of a shell composed of a woven 49% polyester/32% cotton/19% nylon fabric which has a plastic coating for water resistance. The jacket is lined in the upper body and sleeves with a woven polyester fabric and in the lower body with a mesh polyester fabric.

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

The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. The jacket features long sleeves with a tab secured by an adjustable button closure on the cuffs, two front slash pockets at the waist, an inner pocket with a button and loop closure and a banded bottom hem that has a tab on each side of the rear waistband that is secured by adjustable button closures. The logo “Caribbean Joe” is featured on a strip of fabric across the center portion of the lining 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 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 7.1 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 27.7 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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 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.

Sincerely,

Robert B. Swierupski
Director,

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