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NY C89014




June 17, 1998

CLA-2-62:CLT:I29 C89014

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Marina Adjemian
Mittelstaedt, Galaviz & Mylin, Inc.
341 Broadway Street
San Francisco, CA 94133

RE: The tariff classification of men's man-made fiber woven jacket from China or Macau

Dear Ms. Adjemian:

In your letter dated June 8, 1998, you requested a tariff classification ruling on behalf of Mega-Link U.S.A., Inc.

The submitted garment, Style HI-601, is a man's jacket constructed of a woven 100% polyester fabric stated to have an acrylic coating.

The coating on the jacket does not change the surface character of the fabric; therefore, HTS 6210 does not apply.

The jacket features a full front opening secured by a zipper closure that extends to the top of the collar. There are two double entry side pockets with a small pocket on the left sleeve, long sleeves with elasticized cuffs and an elasticized waistband. The jacket contains a full woven polyfil lining. The garment is stated to have an acrylic coating.

The sample is being returned as you have requested.

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 subheading for the jacket will be 6201.93.3000, which provides for 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 and Macau 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,

John J. Quealy
Port Director

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