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B83158 March 26, 1997

CLA-2-62:K:TC:C8:I17 B83158

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000,6201.93.3511

Ms. Lydia Concepcion
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, NY 10038-2689

RE: The tariff classification of a man's nylon water resistant jacket from Hong Kong.

Dear Ms. Concepcion:

In your letter dated March 13, 1996, you requested a classification ruling on behalf of Pepe Jeans, located at 100 Central Ave., Bldg. 71, So. Kearny, NJ 07032.

The submitted sample, style S/5058, is a man's 100% nylon jacket with a polymide coating and features a full front opening with a zipper closure, a collar and two chest pockets . The sample is being returned to you.

If the garment passes the water resistance test as specified in Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), Chapter 62, U.S. Note 2, then the applicable subheading will be 6201.93.3000, (HTSUSA), which provides for men's anoraks...windbreakers and similar articles...of man-made fibers: water resistant. The rate of duty will be 7.4% ad valorem.

If the jacket does not pass this test, then the applicable subheading will be 6201.93.3511, HTSUSA, which provides for men's anoraks, windbreakers and similar articles...of man-made fibers: other than water resistant. The rate of duty will be 29% ad valorem.

The jacket falls within textile category designation 634. As a product of Hong Kong, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John J. Martuge
Area Director
JFK Airport

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