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PD A85228

July 19, 1996

CLA-2-62:K:TC:C8:I18 A85228

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511;6101.30.2010; 6201.93.2020

Ms.Astra Galins:
CYRK,Inc.
3 Pond Road
Seattle, WA Gloucester, MA 01930

RE: The tariff classification of three men's garments from China, Hong Kong, Korea, Philippines or Taiwan.

Dear Ms. Galins:
:

In your letter dated June 17,1996, you requested a classification ruling.

The submitted samples, styles CHG-10,CHG-05 and CHG-06,are men's garments.Style CHG-10 is a jacket.The garment is manufactured from woven fabric consisting of 100% nylon yarn.The bill of materials states the fabric has a finish of 450MM which renders the garment water resistant.The full front opening has a zipper and storm flap closure. The bottom of the garment has a partial elasticized waistband and the long sleeves have neoprene cuffs. Also featured are slanted pockets, a collar,hood, a mesh body lining and nylon lining in the sleeves.

Style CHG-05 is a jacket. It is manufactured from 100% polyester knit fabric. The outer surface is napped.The full front opening has a zipper closure and the long sleeves have elasticized cuffs.There are two slanted pockets secured with zippers above the drawstring waist.

Style CHG-06 is a vest. The outer shell is manufactured from 100% nylon woven fabric.The bill of materials states a finish of 45MM has been applied to the fabric. The lining is constructed from 100% polyester knit fabric which has been napped on both surfaces.The full front opening is secured with a zipper and a storm flap.Also featured are an elasticized waistband, a breast pocket and two inset pockets above the waist. The pockets are secured with zippers. The samples will be returned as requested.

The coating on styles CHG-10 and CHG-06 is not separately visible, therefore,Harmonized Tariff Schedule of the United States Annotated [HTSUSA],subheading 6210 would not apply.

If style CHG-10 passes the water resistance test as specified in HTSUSA, Chapter 62, U.S.note 2,then the applicable subheading will be 6201.93.3000, HTSUSA, which provides for anoraks (including ski-jackets), windbreakers and similar articles...of man-made fibers:other ...other: water resistant. The duty rate will be 7.5 % ad valorem. .
If style CHG-10 does not pass this test, then the applicable subheading will be 6201.93.3511,HTSUSA,which provides for anoraks[including ski-jackets], windbreakers and similar articles...of man-made fibers: other...other:men's. The duty rate will be 29.1% ad valorem.

The applicable subheading for style CHG-05 will be 6101.30.2010,HTSUSA,which provides for windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 29.6% ad valorem.

The applicable subheading for style CHG-06 will be 6201.93.2020,HTSUSA, which provides for padded sleeveless jackets:of man-made fibers: other:padded, sleeveless jackets: other.The duty rate will be 16.6% ad valorem.

Styles CHG-10 and CHG-05 fall within textile category designation 634. Style CHG-06 falls witin textile category designation 659. As products of China,Hong Kong, Korea, Philippines or Taiwan, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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,


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