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NY 893588




JANUARY 13, 1994

CLA-2-62:S:N:N5:357 893588

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Roslyn Rice
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, Washington 98052

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

Dear Ms. Rice:

In your letter dated December 22, 1994, you requested a classification ruling.

The sample submitted, style 15602/size regular, and style 15603/size tall, is a man's pullover jacket constructed of a woven 100% polyester fabric shell stated to be coated on the inner surface with "Teflon", which has been determined to be a plastics material for purposes of HTS Chapter 62, Additional U.S. Note 2.

The coating on the garment does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The jacket has a partial front opening at the neck secured by a zipper. There is a drawcord fastening with plastic cord stoppers through the garment's attached hood and through the bottom hem. The front of the jacket features a large kangaroo pouch pocket secured by a flap with two snap closures. Two side seam pockets are located at the waist. The sleeve cuffs are elasticized.

The sample is being returned to you as you have requested.

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 China are presently 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. 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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