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NY A86646




September 3, 1996

CLA-2-62:RR:NC:WA:357 A86646

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Gary S. Lewin
E. Besker & Company
115 Martin Lane
Elk Grove Village, Illinois

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

Dear Mr. Lewin:

In your letter dated August 8, 1996, on behalf of Midwest Air Technologies, Inc., you requested a classification ruling.

The sample submitted, style number M65, is a man's jacket constructed of an outershell composed of a woven camouflage design 65% polyester/35% cotton fabric which you state is coated on the inner surface with polyurethane. The garment is lined with a woven polyester/acrylic fabric. The garment also has a button off detachable liner composed of a woven 100% nylon fabric quilted to a non-woven batting. The liner is not of the type that can be worn separately.

The coating is not visible as that term is defined in the tariff; therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure. An overlapping flap with six snaps covers the zipper area. The garment features a roll-up hood with a drawcord tightening. The hood can be concealed within the garment's collar by a zipper. There are epaulets fastened by a button on each shoulder, two chest pockets, two front pockets below the waist, a drawcord tightening at the waist and at the bottom hem and a tab with a "VELCRO"-type fastener on the garment's collar and on the sleeve cuffs. Each of the pockets has a flap with a snap closure.

The sample is being returned to you.

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 7.5 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 29.1 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 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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