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NY 881581




DECEMBER 31, 1992

CLA-2-62:S:N:N5:357 881581

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Robert Evans
Fritz Companies, Inc.
1721 W. Elfindale, Suite 205
Springfield, MO 65807

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

Dear Mr. Evans:

In your letter dated December 21, 1992, on behalf of American Marketing Industries, Inc., you requested a classification ruling. A sample was submitted.

The item in question, style 8410 (High Country), is a man's uninsulated jacket with a woven taslan nylon outershell and a mesh lining. The garment extends to the upper thigh, has a full front opening with a zipper that extends to the top of the collar, a five-snap flap over the zipper, elasticized inner drawstrings at the waist and at the bottom hem, elasticized wrists with adjustment tabs, two slant pockets with zipper closures at the waist and a roll-up hood that may be concealed in the collar.

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.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea are 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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