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NY A83888





May 31,1996

CLA-2-62:K:TC:C8:I17 A83888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000,6201.93.3511

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE: The tariff classification of a man's nylon wind jacket from China, Bangladesh, Sri Lanka, Thailand or Russia.

Dear Mr. Stack:

In your letter dated May 21,1996, you requested a classification ruling on behalf of Amerex (USA), Inc., located at 1500 Rahway Avenue, Avenel, NJ 07001.

The submitted sample, style 1026, is a man's V-neck pullover wind jacket composed of 100% nylon shell fabric, a 100% nylon lining with acrylic plastic coating, and 100% acrylic rib knit neckband, cuffs and waistband. The jacket has long sleeves and zippered side seam pockets at the waist. The sample is being returned to you.

If the garment passes the water resistance test as specified in Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), Chapter 62, U.S. Note 2, then the applicable subheading will be 6201.93.3000, (HTSUSA), which provides for men's anoraks...windbreakers and similar articles...of man-made fibers: water resistant. The rate of duty will be 7.5% ad valorem.

If the jacket does not pass this test, then the applicable subheading will be 6201.93.3511, HTSUSA, which provides for men's anoraks, windbreakers and similar articles...of man-made fibers: other than water resistant. The rate of duty will be 29.1% ad valorem.

The jacket falls within textile category designation 634. As a product of China, Bangladesh, Sri Lanka, or Thailand, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements. As a product of Russia, this item is not subject to quota or visa requirements.

The designated textile and apparel category 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 Part 177 of the Customs Regulations.

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,

Thomas Mattina
Area Director

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