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NY 853392

June 29, 1990

CLA-2-62:S:N:N3:357 853392

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3510

Mr. Jack Curcuruto
Masterpiece Apparel Ltd.
350 fifth Ave.
New York, N.Y. 10118

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

Dear Mr. Curcuruto:

In your letter dated June 7, 1990, you requested a classification ruling.

The sample submitted, style 3530/9606, is a hip-length jacket with an outershell composed of pieced, woven fabric in a 65% polyester, 35% cotton blend. It has a woven lining and a nonwoven insulation. Other features of the jacket include a full- front opening which zippers to the top of the collar, double front pockets with a zipper and flap closure, elasticized cuffs and waist, a drawstring collar and a zippered pocket on the left sleeve.

While the main portion of the garment's outershell has an application of acrylic plastic to its underside, there are on each side of the garment contrasting color fabric inserts which are not treated for water resistance. The dimensions of these portions are approximately ten inches long by six-and-one-half inches wide under each sleeve, and fifteen inches long by two- and-one-quarter inches wide in the side seams of the body.

Because the plastic application is not separately visible, classification in heading 6210, HTS, is not applicable. In addition, the presence of the untreated portions on the shell make the provisions for water resistant garments inapplicable.

The applicable subheading for the jacket will be 6201.93.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 29.5% ad valorem.
This garment falls within textile category designation 634. Based upon international textile trade agreements, products of Korea are subject to quota restraints and a visa requirement, while 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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