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NY 891648




NOVEMBER 12, 1993

CLA-2-62:S:N:N5:357 891648

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Linnea M. Deeds
Fritz Companies , Inc.
11020 Ambassador Drive, Suite 104
Kansas City, MO 64153-1156

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

Dear Ms. Deeds:

In your letter dated October 15, 1993, you requested a classification ruling.

The sample submitted, style number 4450, is a man's jacket constructed of a shell composed of a woven 230 T/C brushed 65% polyester/35% cotton fabric which is stated to be coated with polyurethane for water resistance. The garment's body lining is of a woven 65% polyester/35% cotton fabric. There is an additional partial lining of a 100% polyester mesh fabric on the upper back. The sleeve lining is of a woven 100% nylon fabric.

The jacket has a full front opening with a heavy-duty zipper closure. An overlapping flap with three snaps covers the zipper area. The jacket has a tab with a snap closure on the front collar. A roll-up hood with a drawcord can be concealed within the jacket's collar by a "VELCRO"-type fastener. The trade name "GENUS" is embroidered on a textile hang tag sewn onto the back of the collar. An embroidered emblem with the logo "KING" is on the left chest. There is an inner drawcord tightening at the waist and two double-entry front pockets below the waist. On the top of the pockets there is a flap with a snap closure.

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 29.5 percent ad valorem.

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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