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NY K87396

July 16, 2004
CLA-2-62:RR:NC:WA:357 K87396


TARIFF NO.: 6202.93.4500

Ms. Karen Riggs
174 Beal Street
Hingham, MA 02043

RE: The tariff classification of two women’s jackets from Indonesia

Dear Ms. Riggs:

In your letter dated June 30, 2004, you requested a classification ruling.

Two samples were submitted as follows: Style number 51015144 is a woman’s hip-length windbreaker-type jacket constructed of a shell composed of a woven microfiber 100% polyester fabric. Style number 51015161 is a woman’s hip-length pullover windbreaker-type jacket constructed of a shell composed of a woven microfiber 100% polyester fabric. Neither garment is lined. In a phone conversation and in a fax you submitted it was indicated that both jackets have a Teflon coating.

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

Style number 51015144 has a full front opening secured by a zipper closure and a zip-off hood with a drawstring tightening. The jacket features long hemmed sleeves, two chest pockets covered by an overlay strip of fabric, two front pockets below the waist and a straight cut hemmed bottom.

Style number 51015161 has an integral hood, a stand-up collar with a drawstring tightening, a partial opening at the neck that is secured by a zipper closure and an overlapping flap with a one-snap closure that covers the zipper area. The garment’s hood can be rolled up and stored within the collar by a zipper closure. The garment has long sleeves with elasticized cuffs, four grommets under each armhole for ventilation, two front hand warmer pockets and two front pockets that are covered by a flap with two snap closures on the lower portion of the front panel, and a drawstring tightening through the bottom hem.

The samples are being returned to you as you have requested.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The applicable subheading for both jackets will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman’s or girls’ anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 7.1 percent ad valorem.

Both jackets fall within textile category designation 635. Based upon international textile trade agreements products of Indonesia 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.


Robert B. Swierupski

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