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NY C83466




February 4, 1998

CLA-2-62:RR:NC:WA:357 C83466

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

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

RE: The tariff classification of a man's pullover jacket from China

Dear Ms. Baron:

In your letter dated January 14, 1998, on behalf of your client, Polo Ralph Lauren, you requested a classification ruling.

In a previous letter dated December 1, 1997, you advised us that you submitted the same sample under style number 84792225AKA. New York Ruling letter C82418, dated December 19, 1997, was issued based on that information.

You now indicate that the correct style number is 847922295AKA.

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 panels 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.

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 28.8 percent ad valorem.

The jacket falls 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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