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NY 803389




November 2, 1994

CLA-2-62:S:N:N5:357 803389

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Daniel F. Angevine
Excel International of NY Corp.
147-48 182nd Street, Ste. #201
Jamaica, New York 11413

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

Dear Mr. Angevine:

In your letter dated October 3, 1994, on behalf of the importer Daniel F. Young, you requested a classification ruling.

The sample submitted, style number 51201, is a man's pullover jacket constructed of a woven 100% nylon fabric outershell stated to have a PU coating rendering the garment water resistant. The pullover's collar, cuffs and waistband are composed of a contrasting color ribbed-knit 100% acrylic fabric. The garment is lined with a knit 100% polyester fabric.

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

The pullover is hip-length, has a V-shaped neckline and two side seam pockets at the waist. Embroidered across the front chest is the word "Michigan". On the back panel below the garment's collar there is an embroidered letter "P" with a lightning flash symbol through it. The left arm has a sewn on patch which reads "The University of Michigan 1817" and a letter "P" patch with a lightning flash symbol through it is located above the sleeve cuff.

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 6201.93.3511, 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 pullover falls within textile category designation 634. Based upon international textile trade agreements products of Korea is 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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