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NY 857316


NOV 15 1990

CLA-2-62:S:N:N3I:357 857316

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1020

Mr. John Wells
Warnaco
90 Park Avenue, 12th Floor
New York, N.Y. 10016

RE: The tariff classification of a unisex jacket from Korea

Dear Mr. Wells:

In your letter dated October 18, 1990, on behalf of White Stag Skiwear, you requested a classification ruling.

The sample submitted, White Stag Skiwear style number 26505, is a unisex pullover jacket. The jacket is constructed of a 100 percent polyester fabric shell and a 100 percent nylon fabric lining. The shell is visibly coated on the inner surface with "Entrant" polyurethane.

The garment has a partial opening at the neck secured by a heavy duty zipper closure that extends to the top of the collar. There are two zippered front pockets at the waist and the sleeve cuffs and waistband are elasticized. At the top of the waistband a metal tag with the "White Stag" trade name hangs from a self- fabric loop.

If the jacket is sold to both men and women and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS subheading covering women's garments.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other women's garments, of man-made fibers, anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Korea are presently subject to quota restraints and the requirement of a visa.

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. 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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