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NY 853127

July 02, 1990

CLA-2-62:S:N:N3:357 853127

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2050

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad St.
New York, N.Y. 10004

RE: The tariff classification of a man's jacket from Hong Kong

Dear Ms. Shira:

In your letter dated May 29, 1990, on behalf of Polo/Ralph Lauren, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 7102115SR, is a man's hip-length jacket. It has an outershell partly of leather and partly of a woven textile fabric consisting of 60% cotton/40% polyester. The lining is woven cotton and the filling is down and waterfowl feathers. However, the weight of the filling is less than 15% down and waterfowl plumage and less than 10% down and is, therefore, insufficient for the article to be classifiable under a subheading for down garments.

The jacket has a full-front zippered opening covered by a flap with snaps, a covered, zippered pocket on the left chest, slant pockets at the waist, a snap tab on the collar and elasticized cuffs and waistband. The collar, collar tab, the shoulders, the upper chest and back and the upper portion of the raglan sleeves are composed of leather, while the balance of the shell is textile.

According to figures provided, the outershell is 59% textile/41% leather by surface area and 55% leather/45% textile by weight. The leather is stated to have a cost over four times that of the textile.

You suggested classification under the HTS provisions for leather wearing apparel; however, based on our review of the sample and the figures for surface area, weight and value, it is our opinion that the essential character of the garment is not imparted by the leather portion.

The applicable subheading for the jacket will be 6201.92.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 10% ad valorem.

The jacket falls within textile category designation 334. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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