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NY B89585




September 19, 1997

CLA-2-62:RR:NC:WA:357 B89585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3521

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, N.Y. 10167-3397

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

Dear Mr. Evan:

In your letter dated September 9, 1997, on behalf of your client, Tommy Hilfiger U.S.A., Inc., you requested a classification ruling.

The sample submitted, style number 0501344 "Storm Shell 1/2 Zip", is a boys' pullover jacket constructed of a woven 100% nylon fabric which you state is coated with polyurethane rendering the garment water resistant.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar, an integral hood with a drawcord tightening and a partial opening at the neck which is secured by a zipper closure. The hood can be rolled up and concealed within the collar by three "VELCRO"-type fasteners. The jacket's sleeve cuffs are elasticized, and there is an elastic drawcord tightening with two plastic cord stoppers through the bottom hem. The jacket's front panel has a zippered pouch pocket and a label on the left chest which features the "Tommy Hilfiger" trade name. On the garment's back panel there is a locker loop on the yoke which has the "Tommy Hilfiger" trade name and a large zippered pocket which features two textile straps and a plastic buckle on the inner surface. When the pocket is inverted the jacket can be folded and secured within the pocket by the zipper closure and used as a carry bag. When the item is used as a carry bag it allows the wearer to carry the garment around the waist, securing it with the textile straps and plastic buckle.

The sample is being returned to you as you have requested.

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 boys' 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 6201.93.3521, which provides for other boys' 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 Hong Kong 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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