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NY A89566




February 11, 1997

CLA-2-62:SF:I10:A89566

CATEGORY: CLASSIFICATION

TARIFF NO.:6201.93.3000; 6201.93.3511

Ralph M. Navedo
Inter-Marine Forwarding Co., Inc.
156 William St.
New York, NY 10038-2689

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

Dear Mr. Navedo,

In your letter dated November 8, 1996 you requested a tariff classification ruling on behalf of Pepe Jeans. The garment you submitted, Style #5039 "FORMULA ONE" men's jacket, will be returned as you requested.

Style #5039 is a men's jacket constructed from 100% nylon woven fabric which you stated in a telephone conversation with the New York National Import Specialist to be coated with polyurethane.

The jacket features a full front opening secured by a heavy duty plastic zipper, long sleeves with adjustable snapped cuffs, two lower side seam pockets, a hood with a drawstring and a drawstring at the bottom. The body of the jacket is constructed from pieced multi-color fabric on both the front and the back. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedules.

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 and boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5%.

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%.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong 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,

ALICE M. RIGDON
Port Director

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