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PD A86326

August 22, 1996

CLA-2-62 SE:TCP:D I09 A86326

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6201.93.3000, 6201.93.3511

Carole Rathberger
Wal Mart Stores Inc.
702 Southwest 8th St
Bentonville AR 72716-8023

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

Dear Ms. Rathberger:

In your letter dated July 26, 1996, you requested a classification ruling.

The submitted sample, style 261023, is a man's jacket with an outer shell of 100% woven nylon said to be coated on the inner surface with polyurethane. The coating is not separately visible, therefore, heading 6210 does not apply. The jacket also has a woven nylon lining with polyester filler. The jacket reaches the hips, and features a hood that conceals in the collar, full front zippered opening, two front slash pockets, drawstring at the collar, elasticized waist, and elasticized cuffs.

Your sample will be returned as 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, the applicable subheading for the jacket will be 6201.93.3000, (HTS), which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, water-resistant. The duty rate will be 7.5%.

If the jacket does not pass the water resistance test, the applicable subheading for the jacket will be 6201.93.3511, HTS, which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other. The duty rate will be 29.1%.

Style 261023 falls within textile category designation 634. Based upon international textile trade agreements, products of the Philippines are subject to quota and the requirements of a visa.

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 (19 C.F.R. 177).

A copy of this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director

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