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NY A87073





September 20, 1996

CLA-2-62:PD:A:TC:I:I04 A87073

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mauritz Plenby
Senior Customs Specialist
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: The tariff classification of men's jackets from Sri Lanka

Dear Mr. Plenby:

In your letter dated August 22, 1996, you requested a tariff classification ruling.

The submitted samples, style number AMS 752 and style number AMS 757, are men's pullover jackets. Both garments are constructed from 100 percent nylon woven fabric which you state has a 600 mm polyurethane coating which renders the garments water resistant. The coating does not change the surface character of the fabric; therefore, HTS Heading 6210 does not apply.

Style number AMS 752 features a V-shaped rib knit neckline; long sleeves with rib knit cuffs; a rib-knit waistband; and a large kangaroo pocket located below the waist.

Style number AMS 757 features a partial frontal opening secured by four button closures. The jacket has a collar; long sleeves with elasticized cuffs; an elasticized bottom; and a partial mesh lining. The jacket also features a left chest pocket with a zipper closure.

The submitted samples will be returned under separate cover.

If the jackets pass 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 garments will be 6201.93.3000, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other, water resistant. The rate of duty will be 7.5 percent ad valorem.

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

The jackets fall within textile category designation 634. Based upon international textile trade agreements, products of Sri Lanka are 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. 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.

Sincerely,

Signed by

Jayson P. Ahern
Port Director

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