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NY 813025




August 9, 1995

CLA-2-62:S:N:N5:357 813025

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Cary Weinberg
Leyden Customs Expediters, Inc.
99 Hudson Street
New York, N.Y. 10013-2896

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

Dear Mr. Weinberg:

In your letter dated July 27, 1995, on behalf of Groove Track Productions, you requested a classification ruling.

The sample submitted, style number 2384, is a man's hip-length pullover jacket. The jacket is constructed of a woven purple colored 100% nylon fabric outershell which has contrasting 100% nylon fabric red and white colored inserts. You state that the entire shell fabric is coated for water resistance. The jacket has a woven 100% nylon fabric lining quilted to a non-woven 100% polyester fill.

The coating is not "visible", as that term is defined in the tariff therefore, HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening and a partial front opening at the neck which is secured by a zipper with a gusset insert. The garment features a large front handwarmer pocket and a zippered pouch pocket. The zippered pouch pocket is covered by an overlay strip of fabric that has the "Motown" trade name embroidered across it. The sleeve cuffs are elasticized. The waistband is elasticized and has a left side-seam zipper opening. The jacket's back panel has an emblem featuring a record disc with the words "Motown", "Cafe", and "New York" embroidered across it. The left sleeve has an embroidered emblem featuring the letter "M" with the "Motown" trade name across it.

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 29.3 percent ad valorem.

In accordance with Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), the garment should be marked with the country of origin in English by use of a sewn-in textile label permanently affixed in the nape of the neck so as to be conspicuous to the ultimate purchaser. Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated by the Federal Trade Commission.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea 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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