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NY C85211




March 25, 1998

CLA-2-62:RR:NC:WA:357 C85211

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6204.63.3532

Ms. Natasa P. Gosuico
Academy Sports and Outdoors
1800 N. Mason Rd.
Katy, Texas 77449

RE: The tariff classification of a man's jacket and a woman's pair of shorts from Romania and Yugoslavia(Serbia).

Dear Ms. Gosuico:

In your letter dated March 9, 1998, you requested a classification ruling.

Two samples were submitted as follows. Style number 107146 is a man's hip-length jacket constructed of an outershell composed of a woven 100% nylon fabric. In a phone conversation you stated that the jacket has a 450mm acrylic coating. The garment is lined with a woven 100% cotton fabric.

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

The jacket has a pointed collar and a full front opening secured by six left-over-right snap closures. There are two front slash pockets at the waist, elasticized sleeve cuffs and a drawcord tightening at the bottom hem.

Style number 5595 is a woman's pair of shorts. The shorts are constructed of a woven 100% nylon fabric. In a phone conversation you stated that the shorts are not coated. The shorts extend from the waist to the mid-thigh. The garment has an elasticized waistband, leg separations and two side-seam vents at the bottom hem.

The samples are being returned to you.

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 from Romania. If this merchandise is imported from Yugoslavia(Serbia) it is subject to the column 2 rate of duty of 65 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 from Romania. If this merchandise is imported from Yugoslavia(Serbia) it is subject to the column 2 rate of duty of 90 percent ad valorem.

The applicable subheading for the shorts will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's shorts, of synthetic fibers. The duty rate will be 29.7 percent ad valorem from Romania. If this garment is imported from Yugoslavia(Serbia) it is subject to the column 2 rate of duty of 90 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Romania are not presently subject to quota restraints but a visa is required. Products of Yugoslavia(Serbia) are not presently subject to quota restraints nor the requirement of a visa.

The shorts fall within textile category designation 648. Based upon international textile trade agreements products of Romania are presently subject to quota restraints and the requirement of a visa. Products of Yugoslavia(Serbia) are not presently subject to quota restraints nor 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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