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PD B85095

May 21, 1997

CLA-2-62 SE:TCP:D I09 B85095

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6201.93.3000, 6201.93.3511

Catherine F. Winfrey
Fritz Companies Inc.
3327 N 7th St. Trafficway
Kansas City KS 66115

RE: The tariff classification of a man's jacket from Myanmar

Dear Ms. Winfrey:

In your letter dated April 28, 1997, on behalf of your client Design Resources Inc., you requested a classification ruling.

The submitted sample, style L3000 Pacesetter, is a man's windbreaker style jacket of 100% woven nylon coated with polyurethane. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedules. The jacket is unlined, and features two pockets with zippered closures near the bottom of the front, a full front zippered opening, elasticized bottom and cuffs, and a hood with drawstring.

Your sample will be returned as requested.

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

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

Style L3000 Pacesetter falls within textile category designation 634. Based upon international textile trade agreements, category 634 from Myanmar is not presently subject to quota or the requirements 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. 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 (19 C.F.R. 177).

A copy of this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director

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