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NY C89633




August 4, 1998

CLA-2-62:NEW:TCB1:I24 C89633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Derek S. McKenny
Expeditors International
5196 Southridge Parkway, Suite 120
Atlanta, GA 30349

RE: The tariff classification of a man's nylon windbreaker from various countries.

Dear Mr. McKenny:

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

The sample submitted, style number JK1645, is a man's woven 100 percent nylon hooded windbreaker. The garment features a full front zippered opening, slash zippered pockets, and elasticized cuffs and waistband. The garment is fully lined with a knit 65 percent polyester/ 12 percent rayon/ 23 percent cotton fabric. The jacket is coated with polyurethane for water resistance. The identical jacket will be imported in boy's sizes under style number JK1745. The garment is being returned as 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 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.

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 garment falls within textile category designation 634. As a product of Korea, China, Hong Kong, Sri Lanka, Bangladesh and Taiwan, this merchandise is currently subject to visa requirements and quota restraints based upon international textile trade agreements.

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. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Kathleen M. Haage
Area Director,

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