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A87930

October 22, 1996

CLA-2-62:CO:CH:DGD IO5 A87930

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Mr. Patrick Pascarella
Viking Sea Freight Inc.
181 South Franklin Avenue
Suite 607
Valley Stream, NY 11581

RE: The tariff classification of a men's, man-made fiber jacket from Hong Kong or Thailand

Dear Mr. Pascarella:

In your letter dated September 24, 1996 you requested a tariff classification ruling on behalf of your client, Sanyo Fashion House, Inc.

The submitted sample, style 96-431, is manufactured for men with a shell of 85% polyester, 15% nylon woven fabric with 600mm of polyurethane coating. The garment is partially lined and features a collar which conceals an attached hood; a full L-O-R button closure; long sleeves with adjustable button tabs; an inside drawstring at the waist; two pockets below the waist and a hemmed bottom.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note 2 to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.5%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The duty rate will be 29.1%.

Style 96-431 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong or Thailand 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 Section 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,

Richard Roster
Port Director

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