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NY 803890




November 18, 1994

CLA-2-62:S:N:N5:357 803890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Johnny Lee
BJ Customs Brokerage Co., Inc.
5730 W Manchester Ave.
Los Angeles, CA 90045

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

Dear Mr. Lee:

In your letter dated October 31, 1994, on behalf of Marshall Gobuty Intl., Inc., you requested a classification ruling.

The sample submitted, style number 1371, is a man's size small baseball style jacket constructed of a grey fabric composed of a woven 100% cotton and a denim fabric composed of a 34% polyester/ 25% rayon/41% cotton. The grey fabric portion of the jacket consists of the front and back yokes, the sleeves and a 2-inch strip of fabric on the front and back panels that encircles the armholes. The remainder of the shell fabric and the collar consists of the denim fabric. The garment has a non-woven batting insulation and is lined with a woven 100% nylon fabric which you state has a 600mm coating for water resistance.

The jacket has a full front opening secured by five metal snaps. The waistband and sleeve cuffs are composed of a ribbed- knit fabric. There are two front slash pockets at the waist and an inner lining pocket. The coated lining on the jacket does not extend beyond the facing, resulting in a significant gap of untreated fabric on either side of the snap opening. Because of this we do not regard this jacket as a water resistant garment.

Classification of this jacket is based on which portion provides the essential character. In this case it is the woven denim fabric.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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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