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PD B84331

May 13, 1997

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Mr. Ron Cruz
Director of Imports/Exports
Fieldston Clothes, Inc.
500 7th Avenue
New York, NY 10018

RE: The tariff classification of a men's woven jacket to be manufactured in China, India, Macau or Ukraine

Dear Mr. Cruz:

In your letter dated April 14, 1997, you requested a tariff classification ruling.

The submitted sample, designated style number A0001, is a men's jacket manufactured from a 100% polyester woven fabric said to have been treated with an application of Teflon sufficient to convey the quality of water resistance.

The garment features a full frontal opening secured by a coarse-toothed metal zipper which extends to the top of the stand-up collar, a storm flap secured by means of five metal snap fasteners, long, hemmed sleeves, each with a tightening strap that may be set at either of two positions by means of metal snap fasteners, two diagonal insert pockets below the waist, each secured by a coarse-toothed plastic zipper, an internal left breast pocket secured by a fine-toothed plastic zipper, and a straight, hemmed 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 or boys' 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, India and Macau, but not Ukraine, 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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