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NY C80292





November 10, 1997

CLA-2-62:RR:NC:TA:N3:358 C80292

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3521

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Brand Boulevard, Suite 1000
Glendale, California 91203-2671

RE: The tariff classification of a boy's nylon jacket from Sri Lanka and Mexico.

Dear Mr. Hernandez:

In your letter dated September 30, 1997, you requested a tariff classification ruling.

The submitted sample, Style #JS-171, is a boy's 100% nylon water resistant jacket with a nylon drawstring pouch that is constructed of the same material as the jacket. The garment is woven and features a hood, long sleeves with elasticized cuffs, and a front zippered opening to the waist. The jacket also has a kangaroo pocket with a zippered closure, two front slash pockets with snap closures, Disney prints of Mickey Mouse on the front and back, and an elasticized bottom.

We are returning your sample as you requested.

The jacket and pouch are considered composite goods classifiable, if it does have the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, under subheading 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for boys'' anoraks (including ski-jackets), wind-breakers and similar articles (Including padded, sleeveless jackets), of man-made fibers, other, other, other. The duty rate will be 7.4% ad valorem.

The jacket and pouch, if water resistant, fall within textile category designation 634. Based upon textile trade agreements, products of Sri Lanka are presently subject to quota restraints and visa requirements. Products of Mexico are presently not subject to quota restraints or visa requirements.

The jacket and pouch, if it does not have the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, will be classifiable under subheading 6201.93.3521, Harmonized Tariff Schedule of the United States (HTS), which provides for boys' anoraks (including ski-jackets), wind-breakers and similar articles (Including padded, sleeveless jackets), of man-made fibers, other, other, other, other, boys'. The duty rate will be 29% ad valorem.

The jacket and pouch, if not water resistant, fall within textile category designation 634. Based upon textile trade agreements, products of Sri Lanka are presently subject to quota restraints and visa requirements. Products of Mexico are presently not subject to quota restraints or visa requirements.

In addition, you requested marking requirements for the jacket and pouch. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin or their containers imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Therefore, the jacket is considered an article of foreign origin and should be marked as indicated above. The pouch, however, is considered packing and therefore not subject to the marking requirements indicated above.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski
Director

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