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NY C88013




June 17, 1998

CLA-2-62-PD:A:TC:I04 C88013

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Jay Fox, Import Specialist
Eddie Bauer
P. O. Box 97000
Redmond, Washington 98073-9700

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

Dear Mr. Fox:

In your letter dated May 18, 1998, you requested a tariff classification ruling.

The submitted sample, style number 33815107, is a man's pullover jacket with an outer shell constructed from 100 percent polyester microfiber woven fabric. The garment is fully lined with 100 percent nylon woven fabric. The outer shell fabric is coated with polyurethane which you state renders the garment water resistant. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule of the United States (HTS).

The pullover jacket features a rib-knit, V-shaped neckline; long sleeves with rib knit cuffs; and a rib knit waistband. The garment also features two on-seam side pockets.

The submitted sample will be returned under separate cover.

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 rate of duty 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 rate of duty 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 subject to quota and the requirement of a visa.

The designated textile and apparel category 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 this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Jayson P. Ahern
Port Director

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