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NY C85344



April 3, 1998

CLA-2-61:I11 C85344

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000. 6201.93.3511

Michael Grupa
Stearns Incorporated
P.O. Box 1498
St. Cloud, Minnesota 56302

RE: The tariff classification of a wind jacket from China, Korea and Thailand.

Dear Mr. Grupa:

In your letter dated March 10, 1998 you requested a tariff classification ruling. The sample will be retained.

The garment, style 8529, is a man's woven anorak since it possesses three jacket features - pockets, a ribbed-knit waistband and ribbed-knit sleeve cuffs. The garment is claimed to be nylon with a polyurethane coating.

If the anorak passes the water resistance test specified in HTS Chapter 62, U.S. Note 2, then the applicable subheading for the garment will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks (including ski-jackets), windbreakers and similar articles...of man-made fibers, other, other, other, water resistant. The rate of duty will be 7.4%.

If the anorak does not pass the water resistance test, then the applicable subheading for the garment will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks (including ski-jackets), windbreakers and similar articles...of man-made fibers, other, other, other, other, men's. The rate of duty will be 28.8%.

The garment falls within textile category designation 634. Based upon international textile trade agreements, products of China, Korea and Thailand 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.

Sincerely,

Dennis H. Murphy

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