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NY B86187




June 24, 1997

CLA-2-62:CO:CH:DGD IO5 B86187

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Ms. Angela Tumbarello
CYRK, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a man's pullover jacket from Hong Kong, Korea, or Taiwan

Dear Ms. Tumbarello:

In your letter dated June 6, 1997 you requested a tariff classification ruling. Your sample is returned as you requested.

The submitted sample, Style CYR-33, is constructed with an outershell of 100% polyester and a full lining of 100% nylon. You indicated that the garment will be coated with acrylic. The pullover jacket is sized for men and features a ribbed knit collar; long sleeves with ribbed knit cuffs; two side seam pockets at the waist; and a rib knitted waistband.

The applicable subheading for the pullover jacket, if it passes the water resistance requirements indicated in additional U.S. Note to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The rate of duty will be 29%.

Style CYR-33 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong, Korea or Taiwan 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 Section 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,

Kevin Weeks
Port Director

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