The tariff classification of a men’s jacket from Vietnam

N139402 January 14, 2011 CLA-2-62:OT:RR:NC:WA:357 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Ms. Jenny Helm Gear For Sports, Inc. 9700 Commerce Parkway Lenexa, KS 66219 RE: The tariff classification of a men’s jacket from Vietnam Dear Ms. Helm: In your letter dated December 14, 2010, you requested a tariff classification ruling. The sample submitted, style number UM0768, is a men’s lower hip-length jacket with a shell composed of a woven 100% polyester fabric which is treated with a fluorocarbon polymer. The garment is lined with a knit 100% polyester fabric. The fluorocarbon polymer treatment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a stand-up collar edged with an elasticized capping fabric and a full front opening secured by a zipper closure that extends to the top of the collar. The jacket has long sleeves edged with elasticized capping fabric at the wrist, two front pockets with a hook and loop closure at the waist, two inner pockets, one with a zipper closure and one with a hook and loop closure, and a drawcord tightening through the bottom hem. The “Under Armour” tradename is on the rear yoke and the “Under Armour” logo is on the left sleeve. 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 or boys’ 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 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division