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NY L86688

September 6, 2005

CLA-2-62:RR:NC:WA:357 L86688


TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Brandon Terrell
Gear For Sports
9700 Commerce Parkway
Lenexa, Kansas 66219

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

Dear Mr. Terrell:

In your letter dated August 5, 2005, you requested a classification ruling.

The sample submitted, style number SI2661, is a woman’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric that has a polyurethane coating. The jacket is lined with a knit mesh 100% polyester fabric.

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

The jacket is slightly fitted at the waist and has a stand-up collar, an integral hood with a drawcord tightening, a full front opening secured by a zipper closure that extends to the top of the collar and an inner storm flap that has the “Sunice” tradename embroidered onto the upper portion of the flap. The garment’s hood can be rolled up and stored within the collar by a hook and loop fastener. The jacket has long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, free hanging fabric located below the front portion of the armholes for ventilation, the “Sunice” tradename and logo embroidered onto the left free hanging fabric, two front pockets with zipper closures below the waist, an inner pocket with a hook and loop fastener and a drawcord tightening through the bottom hem. The jacket also has a free hanging rear yoke for ventilation that covers the mesh lining, a patch with the “Sunice” logo on the upper portion of the rear yoke and a clear label with the logo “Storm” on the lower portion of the left side seam.

The sample is being returned to you as you have requested.

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 7.1 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 27.7 percent ad valorem.

This jacket falls within textile category designation 635. 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 W. Raftery at 646-733-3047.


Robert B. Swierupski

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