The tariff classification of a man's jacket from Myanmar (Burma) and Korea

NY G80055 August 18, 2000 CLA-2-62:RR:NC:WA:357 G80055 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Dana L. Bounds Fritz Companies, Inc. 1600 Genessee, Suite 450 Kansas City, MO 64102 RE: The tariff classification of a man's jacket from Myanmar (Burma) and Korea Dear Ms. Bounds: In your letter dated July 24, 2000, on behalf of Design Resources, Inc., you requested a classification ruling. The sample submitted, style number 8414, "Men's Metro Jacket", is a man's upper thigh-length jacket. In a phone conversation you indicated that the jacket is constructed of a shell that is composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester fabric on the inner surface, with a polyurethane resin in between. The jacket is lined with a woven 100% polyester satin twill fabric. The jacket has a pointed collar and a full front opening that is secured by a zipper closure. The garment also has two front slash pockets at the waist, two inner pockets (one of which has a zipper closure), long hemmed sleeves and a straight cut hemmed bottom with two adjustable side seam tabs that are secured by snap closures. 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 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 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 28.4 percent ad valorem. The jacket falls within textile category designation 634. Based upon international textile trade agreements products of and Korea are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are not presently subject to quota restraints nor 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7076. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division