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NY 883247




MARCH 24, 1993

CLA-2-62:S:N:N5:357 883247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6101.30.2010

Ms. Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, N.Y. 10006

RE: The tariff classification of a men's double jacket from Hong Kong

Dear Ms. Muoio:

In your letter dated February 18, 1993, on behalf of Crystal Brands, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 23178, consists of an outer jacket made from a woven nylon taslan fabric with a 600mm polyurethane coating on its underside, and an inner jacket made from a knit polyester fleece fabric. Both extend to hip length. The woven jacket has a full-front opening with a zip-through collar covered by a storm flap with seven snaps. The jacket has an elasticized waistband and cuffs, zippered slant pockets at the waist and zippered front pockets in the chest concealed by yokes with VELCRO closures. It has a woven lining.

The inner jacket has a full-front opening with a zip-through collar, rib knit cuffs and waistband and zippered slant pockets at the waist.

When the jackets are worn together the zipper closure for the knit jacket secures it to the woven jacket on both sides. There are also tabs for attaching the sleeves of the two jackets together.

Although these items may be sold and worn together, their suitability for separate use requires that they be treated separately for tariff purposes.

With your inquiry you provided information to show that the woven jacket meets the tariff requirement for water resistance as outlined in HTS Chapter 62 Additional U.S. Note 2. We have not confirmed this in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

If the woven 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.

The applicable subheading for the knit jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's knitted anoraks and similar articles of man-made fibers. The duty rate will be 30 percent ad valorem.

Both jackets fall 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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