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NY B88319




August 18, 1997

CLA-2-62:RR:NC:WA:357 B88319

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Lesa R. Hubbard
J.C. Penney Purchasing Corporation
6501 Legacy Drive
Plano, Texas 75024-3698

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

Dear Ms. Hubbard:

In your letter dated July 31, 1997, on behalf of Mavest, you requested a classification ruling.

The sample submitted, lot number 517-6061, is a man's hip-length pullover jacket constructed of an outershell composed of a woven 190T tactel crinkle 100% nylon fabric which you state is coated with a transparent acrylic. You indicate that the jacket's woven 190T taffeta 100% nylon fabric lining is also coated with a transparent acrylic.

The jacket has a cross-over ribbed-knit collar, long sleeves with ribbed-knit sleeve cuffs and a ribbed-knit waistband. There are two side-seam pockets at the waist.

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 Thailand 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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