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NY B87313




July 10, 1997

CLA-2-62:RR:NC:WA:357 B87313

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Anna Payrits
AEI Radix Customs Brokerage Services
745 Dillon Drive
Wood Dale, IL 60191-1298

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

Dear Ms. Payrits:

In your letters dated May 29, 1997 and July 2, 1997, on behalf of K-2, d.b.a. Hilton Active Apparel, you requested a classification ruling.

The sample submitted, style name "Wind Shirt", is a man's hip-length pullover jacket. The jacket is constructed of an outershell composed of a woven 100% polyester microfiber fabric which is stated to be coated with polyurethane rendering the garment water resistant. The garment is lined with a woven 190T 100% nylon fabric.

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

The jacket has a cross-over, v-neck collar and two side-seam pockets located at the waist. The garment's collar, sleeve cuffs and waistband are composed of a ribbed-knit fabric.

The jacket 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 Hong Kong or China 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 Branch

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