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NY 816881




December 8, 1995

CLA-2-62:RR:NC:WA:357 816881

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Jack Curcuruto
Masterpiece Apparel Ltd.
350 Fifth Ave. Suite 1505
New York, N.Y. 10118

RE: The tariff classification of a man's pullover jacket from the Peoples Republic of China

Dear Mr. Curcuruto :

In your letter dated November 17, 1995, you requested a classification ruling.

The sample submitted, style number JR 1107, is a man's hip-length pullover jacket constructed of a shell composed of a woven 100% nylon fabric which you state is coated with 600mm clear acrylic.

The pullover jacket features a v-neck collar. The garment's collar and sleeve cuffs are composed of a ribbed knit 100% cotton fabric. There are two side seam pockets at the waist. The waistband is elasticized. Under each armhole there are metal grommets for ventilation.

If the pullover 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 pullover 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.

The pullover jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Peoples Republic 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist William Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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