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NY B83121




April 4, 1997

CLA-2-62-CL:FO:CB:I20

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Ms. Roslyn Rice
Import Specialist
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, WA 98052

RE: The tariff classification of a men's woven pullover jacket to be manufactured in China

Dear Ms. Rice:

In your letter dated March 7, 1997, you requested a tariff classification ruling.

The submitted sample, designated style number 005-3343 when imported in regular sizes and 005-3479 when imported in tall sizes, is a men's jacket manufactured from a 100% nylon woven fabric said to have been treated with an application of polyurethane sufficient to convey the quality of water resistance.

The garment features a full lining of a 100% polyester mesh fabric, a V-neckline with a rib knit neckband, long sleeves with rib knit cuffs, two side seam pockets below the waist, and a straight, rib knit bottom.

If the garment passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under subheading 6201.93.3000, which provides for other men's water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the garment does not pass the water resistance test, the garment would be classifiable under HTS subheading 6201.93.3511, which provides for other men's anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 29%, ad valorem.

In either case, the garment would fall within textile category designation 634. Based on international textile trade agreements, products of China are subject to quota and the requirement 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. 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.

The sample is being returned to you, as requested.

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,

John M. Regan
Service Port Director

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