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NY 854675

AUGUST 09, 1990

CLA-2-62:S:N:N3I:357 854675

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Emery Fang
Collins International Co., Ltd.
1350 Broadway
Suite 1901
New York, N.Y. 10018

RE: The tariff classification of three men's jackets from Taiwan.

Dear Mr. Fang:

In your letter received in this office July 24, 1990, on behalf of Bradlees, you requested a tariff classification ruling.

The samples submitted, style numbers 7043, 7060 and 7225 are three men's hip-length jackets. The shell of each jacket is composed of contrasting colored fabric inserts constructed of a woven 190T nylon tectal fabric which you state is coated on the inner surface with acrylic. Each garment has a 190T nylon taffeta fabric lining and a non-woven polyester batting fill.

The coating on each jacket is not separately visible, therefore HTS 6210 does not apply.

Each jacket has a full front opening with a heavy-duty zipper closure and an overlapping flap with snaps covering the zipper area. Style 7043 features two zippered front bellow pockets, two zippered chest pockets covered by a free-hanging yoke with a "VELCRO" type fastener and a zippered inner pocket. The garment has a double collar. The waistband is elasticized and the sleeve cuffs are partially elasticized with a "VELCRO"- type fastener.

Style 7225 has an attached hood with a drawcord. The hood can be rolled-up and concealed within the jacket's collar by a zipper. The garment has two zippered front pockets with a snap flap and a zippered inner pocket. The waistband is elasticized. The sleeve cuffs have a "VELCRO"-type fastener.

Style 7060, has two zippered front pockets at the waist, two zippered chest pockets covered at the top by an overlay strip of fabric and a zippered inner pocket. The waistband and sleeve cuffs are elasticized.

The garments are being returned to you as requested

If styles 7043, 7060 and 7225 pass 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 garments will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If styles 7043, 7060 and 7225 do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

Styles 7043, 7060 and 7225 fall with textile category designation 634. Based upon international textile trade agreements, products of Taiwan are subject to quota restraints and 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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