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NY C81628




December 9, 1997

CLA-2-62:RR:NC:WA:357 C81628

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Stephen S. Spraitzer
Law Office of George R. Tuttle
3 Embarcadero Center
San Francisco, CA 94111

RE: The tariff classification of a men's jacket from Malaysia

Dear Mr. Spraitzer:

In your letter dated November 4, 1997, on behalf of Asics Tiger Corporation addressed to our headquarters office in Washington, you requested a classification ruling. Your letter was forwarded for reply by this office.

The submitted sample, style YT 50, is a light-weight, waist length jacket with a shell fabric of woven man-made fiber fabric. The jacket has a full-front opening secured by a zipper which extends to the top of the stand-up collar; elasticized cuffs and waistband; slant, zippered pockets at the waist; a partial mesh lining; an embroidered Asics logo on the left chest and a vented back sewn down in the center. You indicated that the shell fabric is coated with a plastics material.

In your letter you suggested classification of this jacket under the provisions for garments made up of fabrics of 5903, 5906 or 5907, under HTS heading 6210. You also cited a number of decisions on classification under this heading. However, examination of the sample indicates that the visibility requirement for plastic coated garments to be classified in HTS heading 6210 has not been met. Subsequently, you advised us that it is the importer's intention to obtain a water resistant classification.

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.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Malaysia 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. 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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