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NY B86718




June 30, 1997

CLA-2-62:RR:NC:WA:357 B86718

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Justin Lin
Linwood Corporation
11627 East Clark Street
Suite 103
Arcadia, CA 91006

RE: The tariff classification of a man's pullover from Taiwan

Dear Mr. Lin:

In your letter dated June 17, 1997, you requested a classification ruling.

The sample submitted, item number 10073 "Pouch Tour-Tech wind shirt", is a man's hip-length pullover-type jacket constructed of a woven 100% nylon fabric which you state is coated with acrylic.

The coating is not visibly as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a cross-over v-neck collar and a left side seam zippered pocket located at the waist. The garment's collar, cuffs and waistband are constructed of a ribbed-knit fabric.

The sample is being returned to you.

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 other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate 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 other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel

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