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NY 848854




CLA-2-62:S:N:N3I:357 848854

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6201.93.3000; 6201.93.3510

Ms. Sharon Austin
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, AR 72716

RE: The tariff classification of three men's jackets from Hong Kong.

Dear Ms. Austin:

In your letter dated January 17, 1990, you requested a tariff classification ruling.

The three samples submitted, style numbers 145, 149 and 139, are men's jackets. The jackets are constructed from a woven 65% polyester/35% cotton fabric shell which is stated to be coated on the inner surface with a silver acrylic.

The coating on each jacket is not separately visible, therefore HTS 6210 does not apply.

Style number 145 is a hip-length garment. The garment features a cotton plaid lining and a full front opening secured by a heavy-duty zipper closure. The inner portion of the jacket's stand-up collar and the garments waistband and sleeve cuffs are composed of a ribbed knit fabric. There are two front pockets located at the waist. The pockets have a button and flap closure.

Style number 149 is hip-length, has a 100% nylon fabric lining and a filler composed of 100% polyester. The garment has a full front opening with a heavy-duty zipper closure and a storm flap secured by four snaps covering the zipper area. The jacket's two front pockets feature a flap with a "VELCRO"-type fastener and a zipper closure. A roll-up hood can be concealed within the garment's collar by a zipper. The sleeve cuffs and waistband have elastic tightening.

Style number 139 is an upper-thigh-length garment. The garment has a full front opening with a heavy-duty zipper closure and a storm flap with seven snaps covering the zipper area. A detachable hood with a drawstring is secured to the garment by a zipper. There is also an inner drawstring tightening at the waist. The jacket has a non-woven 100% polyester filler. The top portion of the garment's body lining and the hood lining are composed of a plaid acrylic fabric. The bottom portion of the body lining is composed of a nylon fabric. The two front pockets below the waist and the right chest pocket are secured by a flap with a "VELCRO"-type fastener. The left vertical chest pocket has a zipper fastener.

If the jackets pass 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 garments 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.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 29.5 percent ad valorem.

The jackets fall within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong 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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