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NY C82418




December 19, 1997

CLA-2-62:RR:NC:WA:357 C82418

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6210.40.5020

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of two men's jackets from China

Dear Ms. Baron:

In your letter dated December 1, 1997, on behalf of your client, Polo Ralph Lauren, you requested a classification ruling.

Two samples were submitted as follows: Style 84792225AKA is a man's pullover jacket. The jacket is composed on the front and back yokes of a woven rip-stop 100% nylon fabric which has a white pigmented coating on the inner surface. The lower portion of the front and back panel is composed of a woven 100% nylon fabric which has a clear coating on the inner surface. The jacket has a stand-up collar with a partial opening at the neck that is secured by a zipper closure. The garment features long sleeves with a snap closure on the sleeve cuffs, an elastic waistband and a left side-seam seven-inch zipper opening at the bottom hem and grommets under the armholes. The "Polo Sport" logo is on the left chest.

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

Style number 847922270AJX is a man's pullover jacket. The jacket is constructed of a woven rip-stop 100% nylon fabric which has a visible white pigmented coating on the inner surface. The jacket has a pointed collar with a partial opening at the neck which is secured by a zipper closure. The zipper is covered by an overlapping flap with four snap closures. There is a mesh fabric pocket on the left chest, long sleeves with a "VELCRO"-type fastener on the sleeve cuffs, a drawcord tightening with a plastic cord stopper through the bottom hem, and grommets under the armholes. The right chest features the "Polo Sport" and "Ralph Lauren" logos. On the back panel there is an embroidered fish and the logo "Grey Reef Tournament, Ralph's Harbor, Established 1967."

The fabric on each jacket is the type associated with jackets.

The samples are being returned to you as you have requested.

If style number 84792225AKA 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. The rate of duty for 1998 will remain the same.

If style number 84792225AKA 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 rate of duty for 1998 will be 28.8 percent ad valorem.

The applicable subheading for style number 847922270AJX will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's and boys' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem. The duty rate for 1998 remains the same.

Both jackets fall 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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