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NY A87881




October 11, 1996

CLA-2-62:RR:NC:WA:357 A87881

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Eric Gilmore
Expeditors International
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of two men's pullover jackets from Hong Kong

Dear Mr. Gilmore:

In your letter dated September 17, 1996, on behalf of S.C.B. Apparel, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 13000, is a man's hip-length pullover jacket constructed of an outershell composed of a woven 100% polyester fabric. Style number TM74 is a man's hip-length pullover jacket constructed of an outershell composed of a woven 100% nylon fabric. Each garment has a woven 100% nylon fabric lining. In a phone conversation you stated that each garment is coated with acrylic. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

Style number 13000 has a partial front opening at the neck which is secured by a zipper closure. The outer portion of the garment's collar is composed of a ribbed-knit fabric. There are two side seam pockets and an elasticized waistband. The garment's sleeve cuffs are partially elasticized and feature an adjustable self-fabric tab with a "VELCRO"-type fastener. The waistband is elasticized.

Style number TM74 has a cross-over v-neck collar composed of a ribbed-knit fabric. The garment's sleeve cuffs and waistband are also composed of a ribbed-knit fabric.

The samples are being returned to you.

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 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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 jackets fall within textile category designation 634. Based upon international textile trade agreements products of Hong Kong 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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