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PD A89570

December 6, 1996

CLA-2-62 SE:TCP:D I09 A89570

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6201.93.3000, 6201.93.3511

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

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

Dear Mr. Navedo:

In your letter dated November 8, 1996, on behalf of your client Pepe Jeans, you requested a classification ruling.

The submitted sample, style 5030, is a man's windbreaker style jacket. The jacket is made of 100% nylon woven fabric said to be coated with polyurethane, and features long sleeves with a single outside snap that fastens to one of two inner snaps for adjustability, full front zippered opening, bottom drawcord, two side seam pockets, and a self fabric hood. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedules.

Your sample will be returned as requested.

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, the applicable subheading for the jacket will be 6201.93.3000, HTS, which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, water-resistant. The duty rate will be 7.5%.

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

Style 5030 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong are subject to quota and the requirements of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director

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