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NY B88409



August 18, 1997

CLA-2-62:SF:I10:B88409

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Brian Wavra
Rainfair, Inc.
Box 1647
Racine, WI 53401

RE: The tariff classification of a men's woven man-made fiber jacket

Dear Mr. Wavra:

In your letter dated July 24, 1997 you requested a tariff classification ruling for Style 1000-5196, a FED EX DRIVING JACKET. The garment will be returned as requested.

Style 1000-5196 is a men's jacket with an outer shell which you state is constructed from 100% nylon woven fabric coated with 600mm of polyurethane on its reverse side. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket features a 100% polyester fleece woven lining on the body and the sleeves are lined with nylon taffeta. The jacket has a full front zippered opening and a left over right snapped storm flap. There are two lower front pockets, rib knit cuffs, collar and back panel waist band. A multi-colored striped band of fabric is sewn in at the upper back and front panels. The logo: "FedEx" is embroidered to the upper left front panel.

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 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%.

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%.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of China 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,

ALICE M. RIGDON
Port Director

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