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NY L80152

October 28, 2004
CLA-2-62:RR:NC:WA:357 L80152


TARIFF NO.: 6201.93.3000

Mr. John D. Russo
MB Sport, LLC
33 Grove Street
New Canaan CT 06840

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

Dear Mr. Russo:

In your letter dated October 5, 2004, on behalf of The Orvis Company, you requested a classification ruling.

The sample submitted, style number OR-73EH, is a man’s hip-length jacket constructed of a shell composed of a woven 65% polyester/35% cotton fabric that has a polyurethane coating. The jacket is lined with a woven fabric.

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

The jacket has a full front opening secured by a tab with a two-button closure on the front portion of the collar and by a zipper along the front opening. The jacket has long sleeves with ribbed-knit fabric cuffs, two front pockets at the waist that are covered by flaps with a one-button closure and a ribbed-knit fabric waistband.

The sample is 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 the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), 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.

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.


Robert B. Swierupski

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