The tariff classification of a man’s pullover windbreaker-type jacket from Myanmar (Burma)

NY G89041 April 17, 2001 CLA-2-62:RR:NC:WA:357 G89041 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 pullover windbreaker-type jacket from Myanmar (Burma) Dear Ms. Bounds: In your letter dated March 21, 2001, on behalf of Design Resources, you requested a classification ruling. The sample submitted, style number JO-133A, is a man’s lower hip-length pullover windbreaker-type jacket. The jacket is constructed of a woven 210T ripstop 100% nylon fabric which has a polyurethane coating for water resistance. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket features an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. The garment has two front handwarmer pockets with hook and loop fasteners, long sleeves with elasticized cuffs and a drawcord tightening at the bottom hem. The depiction of a duck flying and the logo “Wawa” is featured on the left chest. 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 7.2 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 28.2 percent ad valorem. The jacket falls within textile category designation 634. Based upon international textile trade agreements 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