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NY 877707




SEPTEMBER 25, 1992

CLA-2-62:S:N:N3:357 877707

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Richard A. Brann
Marketex Corporation
29 Haines Road
Bedford Hills, NY 10507

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

Dear Mr. Brann:

In your letter dated August 24, 1992, you requested a classification ruling. A sample was submitted and is being returned to you.

The item in question, style T-450(M), is a hip-length pullover jacket with a partial front zipper opening. It has long sleeves with VELCRO-type adjustment tabs at the cuffs, an elasticized waistband, a stand-up collar, side seam pockets at the waist, an embroidered logo on the left chest and a partial mesh lining covered by a venting back yoke. The shell fabric, which has an application of a plastics material on its inner surface, is predominately of one solid color, with inserts on the left and right front panels in a printed pattern.

Previously, you received a ruling on style T-450 which you indicated was for unisex wear. The present article has been made for men's wear with a modified style number, and you have submitted new cutting specifications which, when compared with the previous cutting specifications for the earlier style and similar articles in your product line, supports your claim that the garment is for men's wear.

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.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Hong Kong are subject to 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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