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NY 848002




CLA-2-62:S:N:N3I:357 848002

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6201.93.3000; 6201.93.3510; 6101.30.2010

Ms. Beth C. Brotman
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: The tariff classification of a man's knit jacket and woven jacket from Bangladesh.

Dear Ms. Brotman:

In your letter dated December 12, 1989, on behalf of your client Amerex of California Corp., you requested a tariff classification ruling.

Style number 12074 is a man's hip-length jacket set consisting of a woven garment and a knit garment which can be zipped together along the front edges and snapped together at the wrists so as to be worn as one garment, but each may be worn separately.

The shell of the woven jacket is constructed from a 100% nylon fabric which is stated to contain a plastics application on its outer surface rendering the garment water resistant. The garment has a full front opening with a heavy-duty reversible zipper closure as well as a secondary zipper for the attaching of the knit jacket. There is an overlapping flap secured by four "VELCRO" - type fasteners that covers the zipper area. There are "VELCRO" - type closures for tightening around the wrist and a self-fabric snap tab used for attaching the knit garment. Other features of the garment are collar, an elasticized waistband, two vertical zippered front pockets and an inner pocket. Contrasting colored fabric inserts are located along the side seams, at the top edge of the collar, at the cuffs and under the arms.

The coating on the woven jacket is not separately visible, therefore HTS 6210 does not apply.
The shell of the knit jacket is constructed from a 100% polyester finely knit fabric which is heavily napped on both sides. The garment contains more than 9 stitches per 2 centimeters measured in the horizontal direction. The jacket features ribbed knit cuffs with textile loops for attachment to the cuff tabs of the woven jacket and a full front opening with a reversible heavy-duty zipper closure which may also be used to attach the garment to the woven pocket. Other features are a stand-up collar with a contrasting color fabric overlay at the top inner edge, a ribbed knit waistband and two front zippered pockets at the waist.

The samples are being returned to you as you have requested.

If the woven jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, the 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 rate of duty will be 7.6 percent ad valorem and will remain the same during 1990.

If the woven jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510 which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem and will remain the same during 1990.

The applicable subheading for the knit jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, knitted or crocheted. The rate of duty will be 30 percent ad valorem and will remain the same during 1990.

The woven jacket and the knit jacket fall within textile category designation 634. Based upon international textile trade agreements, products of Bangladesh are not subject to quota restraints but a visa is required.

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 Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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