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NY B84740




May 14, 1997

CLA-2-62:PD:A:TC:I:I04 B84740

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Holly Brown, Import Specialist
Nordstrom
P. O. Box 870
Seattle, Washington 98111-0870

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

Dear Ms. Brown:

In your letter dated April 22, 1997, you requested a tariff classification ruling.

The submitted sample, style number 2450AL102, is a man's reversible jacket. One side of the jacket is constructed from woven fabric composed of 46 percent acrylic, 30 percent polyester, and 24 percent wool. The other side of the jacket is constructed from 100 percent nylon woven fabric which you state has been coated with Scotchgard for water resistance. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule. Therefore, classification under HTS Heading 6210 does not apply.

The jacket features a full frontal opening that is secured by a heavy duty zipper closure and six button closures. The garment has a collar; long sleeves with rib knit cuffs; and a rib knit bottom. Both sides of the jacket feature two slanted front pockets.

The submitted sample will be returned under separate cover.

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, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4 percent ad valorem.

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

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

Signed by

Jayson P. Ahern
Port Director

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