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NY B83616





April 4, 1997

CLA-2-62:SF:I10:B83616

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Derek S. McKenny
Expeditors International
5169 Southridge Parkway, Suite 120
Atlanta, GA 30349

RE: The tariff classification a men's woven anorak from Korea

Dear Mr. McKenny:

In your letter dated March 16, 1997 you requested a tariff classification ruling on behalf of Hartwell Sports, Inc. The submitted garment, Style JK4600, will be returned as you requested.

Style JK4600 is a men's pullover anorak constructed from 65% polyester, 35% cotton woven fabric which you indicate is coated with polyurethane. The anorak features a partial front zippered opening with a left over right snapped storm flap, a collar with a concealed hood, long sleeves with elasticized cuffs, diagonally slanted pockets at the lower sides and a zippered pouch pocket at the lower front which is concealed by a flap across the entire front. A drawstring is threaded through a tunnel at the bottom of the anorak. The back features a velcro closing flap which conceals a mesh underlining.

Since the coating presumed to convey the water resistant quality is not separately visible, HTS 6210 would not apply.

If the jacket passes the water resistance test specified in HTS Chapter 62, Additional U.S. Note 2, the applicable HTS subheading will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks....Of man-made fibers: Other: Water resistant. The duty rate will be 7.4%.

If the jacket does not pass the water resistance test, the applicable HTS subheading will be 6201.93.3511, which provides for Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks.....Of man-made fibers: other: Men's. The duty rate will be 29%.

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