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NY B89353




October 2, 1997

CLA-2-62:RR:NC:WA:357 B89353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Anthony J. Spatarella
Kanematsu USA, Inc.
114 W. 47th Street
23rd Floor
New York, N.Y. 10036-1510

RE: The tariff classification of a man's windbreaker-type jacket/carry bag/knapsack from China

Dear Mr. Spatarella:

In your letter dated September 17, 1997, you requested a classification ruling.

The sample submitted, style name "Parka Sack", is a man's pullover windbreaker-type jacket constructed of a shell composed of a woven 100% nylon fabric which you state is coated with polyurethane.

The jacket has an integral hood with a drawcord tightening, a partial opening at the neck which is secured by a zipper closure, long sleeves with elasticized sleeve cuffs and an elasticized drawcord tightening with two plastic rings through the bottom hem. The garment features a double entry pouch pocket which can also function as a handwarmer pocket. The pocket has a zipper closure at the top and an opening on each side. On the inner portion of the pocket there are two elasticized straps with a "VELCRO"-type fastener and plastic buckle. When the pocket is inverted the jacket can be folded and secured within the pocket by the zipper closure and worn as a carry bag by fastening the straps around the wearer's waist. In the middle of the jacket there is a horizontal zipper with a snap tab. The zipper encircles the entire jacket. The zipper is covered by a 2-inch overlay strip of fabric. On the back panel below the zipper there are two plastic hooks hanging from self-fabric loops. When the upper portion of the jacket including the hood and the sleeves are folded and secured within the middle zipper the bottom portion of the garment can then be worn as a knapsack. By pulling the drawcord closed at the bottom hem and attaching the plastic hooks located on the garment's back panel to the plastic rings attached to the garment's drawcord two arm straps are created which enables the wearer by putting his arms through the straps to carry the knapsack on his back.

The sample is being returned to you.

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 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 percent ad valorem.

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 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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