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NY B82960




March 28, 1997

CLA-2-62:PD:A:TC:I:I04 B82960

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Trish Dwyer
Contract Manager, Imports
D. J. Industries, Incorporated
1801 Stanley Road
Greensboro, North Carolina 27407

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

Dear Ms. Dwyer:

In your letter dated March 3, 1997, you requested a tariff classification ruling.

The submitted sample, style number B2004, is a man's pullover jacket. The outer shell of the jacket is constructed from 100 percent nylon woven fabric which you state has a 600 mm polyurethane coating for water resistance. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule (HTS); therefore, HTS Heading 6210 does not apply. The jacket is fully lined with 100 percent cotton woven flannel fabric.

The jacket features a V-shaped rib knit neckline; long sleeves with elasticized cuffs; a straight bottom; and two on-seam side pockets located below the waist. The front of the garment is decorated with the "JOE BOXER" logo.

The submitted sample will be returned under separate cover.

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 garments will be 6201.93.3000, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other, water resistant. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: other: men's. The rate of duty will be 29 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong are subject to quota 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.

Sincerely,

Signed by

Jayson P. Ahern
Port Director

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