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NY C89636




July 21, 1998

CLA-2-62:CLT:I29 C89636

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Derek S. McKenny
Import Manager
Expeditors International
5169 Southridge Parkway
Suite 120
Atlanta, GA 30349

RE: The tariff classification of men's man-made fiber woven jacket

Dear Mr. McKenny:

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

The submitted garment, Style 2001, will be returned as you have requested. You describe the subject style as a men's tricolor cape front and back jacket. According to you, the garment is coated for water resistance.

The jacket is constructed of an outer shell composed of a woven 65% polyester/35% cotton fabric which is coated on the inner surface with polyurethane. It features a full front zippered opening through the stand-up collar with two snaps at the top and one at the bottom over the zipper,long sleeves with snap cuffs, and an elasticized waistband. There are two pockets on each side of the front. One of the pockets on each side has a flap secured by a snap. The front and back of the garment have additional fabric which gives a cape-like appearance. The jacket contains a full woven fabric lining.

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, 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 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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