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NY 874163




MAY 27 1992

CLA-2-62:S:N:N3I:357 874163

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Michael Riley
May Merchandising Company
May Department Stores Intl.
1120 Avenue of the Americas
New York, N.Y. 10036

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

Dear Mr. Riley:

In your letter dated May 5, 1992, you requested a classification ruling.

The sample submitted, style number 5053, is a man's hip- length jacket. The jacket is constructed of an outershell composed of a woven 100% nylon tactel fabric stated to be coated on the inner surface with polyurethane rendering the garment water resistant. The jacket is lined with a knit fabric composed of a 65% nylon/23% rayon/12% cotton. The garment's integral hood is constructed of the same knit fabric content as the lining.

The coating on the jacket does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a heavy-duty zipper. An overlapping flap with five metal snaps covers the zipper area. There are two front pockets at the waist. The sleeve cuffs and waistband are composed of a ribbed-knit fabric. The hood has a drawcord with plastic cord stoppers.

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

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 anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

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

The jacket falls falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan 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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