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NY 895322




MARCH 7, 1994

CLA-2-62:S:N:N5:357 895322

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2010; 6201.92.2051; 6201.92.2031

Ms. Mary Lee Furtado
Oceanair, Inc.
135 American Legion Highway
Revere, MA 02151

RE: The tariff classification of a man's jacket and sleeveless jacket set and a man's jacket from Hong Kong, China, Taiwan or Thailand

Dear Ms. Furtado:

In your letter dated February 22, 1994, on behalf of the importer Cyrk, Inc., you requested a classification ruling.

The sample submitted, "Marlboro Country Store" style number MCS-505, is a man's two-piece jacket and "vest" set consisting of an outer jacket and an inner vest which can be zippered together along the front edges so as to be worn as one garment. Although the garments are worn together, each can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a woven 100% cotton fabric. The jacket has long sleeves secured by a one button closure at the bottom. When the sleeve is unbuttoned the cuff can be folded over exposing the contrasting colored cotton lining. The garment has a straight hemmed bottom and extends to just below the hip area. There is a full front opening secured by five buttons as well as an inner zipper for attaching the vest. Two double entry front pockets with a flap closure are located at the waist. The outer portion of the collar is composed of leather.

The reversible inner sleeveless jacket is constructed of a woven quilted 100% cotton fabric on both sides with a non-woven polyester fill. The garment is sleeveless and has a full front opening secured by a zipper closure with a reversible zipper pull. It has two front pockets on the plaid side and two front pockets on the solid colored side. The collar is composed of a ribbed-knit fabric.

The sample "Marlboro Country Store" style number MCS-265, is a man's hip-length woven 100% cotton blue denim jacket. The jacket has a full front opening secured by five buttons. There are two chest pockets with buttoned flaps and two vertical front pockets at the waist. The garment has a straight bottom hem with adjustable self-fabric buttoned tabs on each side. The sleeve cuffs have a button closure. The outer portion of the collar is composed of leather. On the back yoke there is a leather patch with the "Marlboro Country Store" trade name.

The samples are being returned to you as you have requested.

The applicable subheading for the inner jacket of style number MCS-505, will be 6201.92.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' padded, sleeveless jackets: other: of cotton. The duty rate will be 10 percent ad valorem.

The applicable subheading for the outer jacket of style number MCS-505, will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 10 percent ad valorem.

The applicable subheading for style number MCS-265, will be 6201.92.2031, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of blue denim cotton. The duty rate will be 10 percent ad valorem.

This merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissability you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissability under the terms of the exclusion order.

The inner jacket of style number MCS-505 falls within textile category designation 359. The outer jacket of style number MCS-505 and style number MCS-265 fall within textile category designation 334. Based upon international textile trade agreements products of China, Taiwan and Thailand are presently subject to quota restraints and the requirement of a visa. Products of Hong Kong are not presently subject to quota restraints but a visa is required.

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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