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NY 802987




October 26, 1994

CLA-2-62:S:N:N5:357 802987

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Sandra L. Toler
Block Industries, Inc.
525 North College Road
Wilmington, N.C. 28405

RE: The tariff classification of two men's jackets from the Philippines

Dear Ms. Toler:

In your letter dated September 26, 1994, you requested a classification ruling.

Two samples were submitted as follows: Style 101, is a man's shirt-style jacket constructed of an outershell composed of a woven plaid design fabric of 30% wool/40% acrylic/25% polyester/5% other fabric. The lining of the garment is composed of a woven 100% nylon fabric quilted to a non-woven polyester batting insulation. You state the lining is coated with 600mm polyurethane rendering the garment water resistant.

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

The jacket has a full front opening secured by four button closures. The garment features a shirt-style collar, cuffs and bottom hem. There are two chest pockets with buttoned flaps, and two front slash pockets at the waist.

Style 102, is a man's reversible jacket. One side of the jacket is constructed of a woven solid color 100% cotton fabric shell with a leather collar. The other side is constructed of a woven plaid design shell composed 40% polyester/30% wool/25% acrylic/5% other fabric with a corduroy collar. The garment has a woven 100% nylon fabric interlining body which you state is not coated and a non-woven 100% polyester batting insulation.

The jacket features a full front opening secured by a reversible zipper pull closure. On the cotton side of the jacket there is an overlapping flap with four buttons which covers the zipper area, a buttoned tab closure at the collar, two slanted hand warmer pockets above the waist, two pockets with buttoned flaps below the waist, buttoned sleeve cuffs and two side seam buttoned tabs at the bottom hem. On the fabric blend side of the jacket there is a left chest pocket secured by a "VELCRO"-type fastener, two slash pockets located at the waist and buttoned sleeve cuffs.

Your samples are being returned to you.

If style number 101 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 6201.93.3511, 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 applicable subheading for style number 102 will be 6201.93.3511, 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.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines 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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