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NY 810378




May 23, 1995

CLA-2-62:S:N:N5:357 810378

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2010

Mr. William F. Sullivan
MSAS Customs Logistics, Inc.
248-06 Rockaway Blvd.
Jamaica, N.Y. 11422

RE: The tariff classification of a man's padded sleeveless jacket from Hong Kong; Sherpa Lined

Dear Mr. Sullivan:

In your letter dated May 10, 1995, on behalf of New Hampton, Inc., you requested a classification ruling.

The sample submitted, style number 803-15/R2856, is a man's sleeveless jacket constructed of an outershell composed of a woven 100% cotton denim fabric. The garment has a heavy weight, knitted 100% acrylic sherpa lining.

The jacket has a full front opening secured by five left over right button closures. There are two chest pockets with buttoned flaps and two front pockets at the waist. On the back portion of the waistband there are two adjustable buttoned tabs.

In accordance with Legal Note 8 to Chapter 62, HTS, this garment is classifiable as menswear.

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

This merchandise may be subject to an ITC Exclusion Order dealing with denim garments produced by certain acid wash methods. For further information on admissability you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissability under the terms of the Exclusion Order.

The applicable subheading for the garment will be 6201.92.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of cotton: padded, sleeveless jackets: Other. The duty rate will be 9.9 percent ad valorem.

The garment falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are not presently subject to quota restraints but a visa is required..

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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