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NY L84178




April 27, 2005

CLA-2-62:RR:NC:N3:357 L84178

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6201.93.3521

Ms. Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of an outerwear jacket from Taiwan.

Dear Ms. Stubblefield:

In your letter dated April 13, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 3460 in men’s sizes and 3461 in youth sizes, is a V-neck pullover jacket with a shell made from a 100% polyester woven fabric with a PU (polyurethane) coating for water resistance. It has long sleeves with elasticized ends, an elasticized drawstring through the bottom hem, rib knit trim around the neck opening, slant pockets at the waist, a back yoke secured at two points with hook and loop fasteners, a 100% polyester mesh body lining and a 100% nylon taffeta sleeve lining.

If meeting the requirements of Additional U.S. Legal Note 2 to Chapter 62, HTS, the applicable subheading for style 3460 and 3461 will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the requirements of Additional U.S. Legal Note 2 to Chapter 62, HTS, the applicable subheading for style 3460 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

If not meeting the requirements of Additional U.S. Legal Note 2 to Chapter 62, HTS, the applicable subheading for style 3461 will be 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for other boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

Style 3460 and 3461 fall within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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