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NY C83461




February 4, 1998

CLA-2-62:CO:CH:DGD IO5 C83461

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Mr. Tom K. Hanson
Gordon & Ferguson
2915 Niagara Lane
P.O. Box 47510
Plymouth, MN 55447

RE: The tariff classification of a man's pullover jacket from China, Hong Kong, Korea or Taiwan

Dear Mr. Hanson:

In your letter dated January 12, 1998, you requested a tariff classification ruling.

The submitted sample, Style TO-4072, is constructed with an outershell of 55% rayon, 45% polyester woven fabric and a 100% nylon lining with a 450 mm acrylic coating. The men's jacket features a V-Neckline; raglan sleeves with ribbed knit cuffs; two side seam pockets at the waist; and a rib knitted waistband.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The rate of duty will be 28.8%.

Style TO-4072 fall within textile category designation 634. Based upon international textile trade agreements, products of China, Hong Kong, Korea and Taiwan 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 Section 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.

Sincerely,

Kevin Weeks
Port Director

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