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NY C89628





August 24, 1998

CLA-2-62:NO:TC:I06 C89628

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Derek S. McKenny
Expeditors International of Washington, Inc. 5169 Southridge Parkway Suite 120
Atlanta, Georgia 30349

RE: The tariff classification of a woven men's jacket from Korea, China, Hong Kong, Sri Lanka, Bangladesh and Taiwan

Dear Mr. McKenny:

This letter replaces ruling letter PD C89628 which did not include the name of the importer. We regret any inconvenience this omission may have caused.

In your letter dated June 28, 1998, you requested a tariff classification ruling on behalf of Hartwell Sports, Incorporated.

The submitted sample, Style #JK7592, is a men's jacket having an outer shell composed of 100% nylon woven fabric coated with polyurethane. The jacket also features a body lining composed of 65% polyester and 35% cotton knit fabric and sleeve linings composed of 100% nylon woven fabric. Other features include a zipper which extends through the stand-up collar; long sleeves with elasticized ends; a partially elasticized bottom; and half welt, side entry pockets located below the waist. Your sample is returned herewith, per your request.

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, Harmonized Tariff Schedule of the United States (HTS), which provides for men's anoraks, windbreakers and similar articles of man-made fibers, other, other, other, water resistant. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for men's anoraks, windbreakers and similar articles of man-made fibers, other, other, other, other, men's. 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 Korea, China, Hong Kong, Sri Lanka, Bangladesh and Taiwan 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,

Allen H. Paterson
Port Director,

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