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NY 805905





February 13, 1995

CLA-2-62:S:N:N3:357 805905

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6211.33.0054

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of three men's garments from India; woven pullovers

Dear Ms. Friedman:

In your letter dated January 9, 1995, on behalf of Gallery Direct Services, Ltd., you requested a classification ruling. Samples were submitted and are being returned as you requested.

Style 600 is made from a woven nylon taslan fabric which has an application of polyurethane which you indicate makes this garment water resistant. This item has a cross-over crew neck with rib knitting, rib knit cuffs and waistband, raglan sleeves and side-seam pockets at the waist. It is unlined.

Style 717 has a shell made from woven nylon taslan which you indicate meets the water resistance requirements of Chapter 62, HTS, Additional U.S. Note 2. It has a V-neck with rib knit trim, rib knit cuffs and waistband, side-seam pockets at the waist, raglan sleeves, a woven lining which appears to be of man-made fibers and an insulating filling of DuPont Thermalite.

Style 604 is also made from woven nylon taslan which you state is water resistant. This garment has a V-neck with cross-over ribbing, a rib knit waistband and side-seam pockets at the waist. This garment is sleeveless with large arm openings and also features rib knit trim around the arm openings.

If styles 600 and 717 pass 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 garments 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 styles 600 and 717 do not pass the water resistance test, then the applicable HTS subheading for the garments 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 29.3 percent ad valorem.

The applicable subheading for style 604 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's vests of man-made fibers. The duty rate will be 16.9 percent ad valorem.

We are unable to provide a ruling for style 601. Please submit a sample of that style when one is available.

Styles 600 and 717 fall within textile category designation 634; style 604 falls within category 659. Based upon international textile trade agreements products of India 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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