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NY A80541




March 4, 1996

CLA-2-62:SF:I10: A80541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Laurie Everill
J.C. Penney Purchasing Corp
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a men's nylon woven jacket from Hong Kong

Dear Ms. Everill:

In your letter dated February 16, 1996 you requested a tariff classification ruling for Style number 605-3009.

Style 605-3009 is a men's 100% nylon woven pullover jacket with a 100% nylon woven lining. You state that the nylon shell has been coated with polyurethane rendering the garment water resistant. The jacket features a V-rib knit neckband which crosses over at the bottom of the V, rib knit cuffs on the long sleeves, rib knit tightening at the bottom and inserted pockets at the side seams. An embroidered logo is stitched at the upper left chest area.

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 or boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5%.

If the jacket does not pass the water resistant 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 rate of duty will be 29.1%.

Style 605-3009 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong are subject to quota 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 Part 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.

Sincerely,

ALICE M. RIGDON
Port Director

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