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NY C89634




July 20, 1998

CLA-2-62:SF I30 C89634

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000;6201.93.3511

Derek McKenny
Expeditors International
5169 Southridge Parkway, Suite 120
Atlanta, GA 30349

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

Dear Mr. McKenny:

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

The submitted sample, Style # JK3230, is a men's pullover jacket having an outer shell composed of 64% nylon and 36% polyester woven fabric. The jacket is lined with a woven 100% nylon fabric which is coated with polyurethane. The jacket features a partial frontal opening with a heavy duty zipper closure and a storm flap secured by two left over right snaps; long sleeves with elasticized cuffs; two front slash pockets and a chest pocket with flap; and an elasticized waistband. The jacket will be imported in sizes ranging from S to 5XL.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The rate of duty will be 28.8%.

Style JK3230 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong, China, Korea, Taiwan, Bangladesh, and Sri Lanka 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.

In accordance with your request your sample will be returned to you under separate cover.

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,

Alice M. Rigdon,
Port Director

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