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NY B87791




August 20, 1997

CLA-2-62:CO:CH:DGD IO5 B87791

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Mr. Arthur Stein
ETA Import & Export Ltd.
1 Cross Island Plaza
3rd floor
Jamaica, NY 11422

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

Dear Mr. Stein:

In your letter dated July 18, 1997 you requested a tariff classification ruling on behalf of your client, Aberdeen Sportswear of New York. Your sample is returned as you requested.

The submitted sample, Style 4761, is constructed with an outershell of 100% polyester and a full lining, which you state, is coated with polyurethane. The jacket features a fold down collar; a full zipper front closure with a storm flap which is secured by three buttons; long sleeves with two button adjustable cuffs; two front slash pockets with dual entry and a partially elasticized waistband.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The rate of duty will be 29%.

Style 4761 falls within textile category designation 634. Based upon international textile trade agreements, products of Macau 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 Section 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,

Kevin Weeks
Port Director

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