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NY D80334




October 7, 1998

CLA-2-62:RR:NC:WA:357 D80334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Lou Piropato
Daniel F. Young, Inc.
17 Battery Place
New York, N.Y. 10004-1101

RE: The tariff classification of a man's jacket from Korea

Dear Mr. Piropato:

In your letter dated July 20, 1998, on behalf of Rothco, Division of Morris Rothenberg & Son, Inc., you requested a classification ruling.

The sample submitted, article number M-65, is a man's jacket constructed of a shell composed of a woven 65% polyester/35% cotton fabric which you state has a "Quarpel" treatment. The garment is lined with a woven 65% polyester/35% cotton fabric.

The jacket has a detachable button-off hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap which has six snaps and a tab fastener covers the zipper area. The hood can be rolled up and secured within the garment's collar by a zipper closure. The garment has two chest pockets secured by flaps with a snap closure, an inner drawcord tightening at the waist, two front pockets secured by flaps with a snap closure located below the waist, a tab with a "VELCRO"-type fastener on each sleeve cuff and a drawcord tightening through the bottom hem.

The garment also features twelve inner buttons in the body of the garment and two buttons on the inner portion of each sleeve cuff. The inner buttons can be used to attach an additional inner garment or lining. You state in your letter that a detachable lining which is referred to on the garment's sewn-in label is an option that Rothco will not purchase. In a phone conversation you indicated that Rothco will not import the additional lining with the jacket.

Our Customs laboratory has examined and tested the "Quarpel" treatment on the fabric of the jacket and has determined that it does not meet the water resistance requirements as specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Additional U.S. Note 2.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 Korea are presently 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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