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NY D81392




September 3, 1998

CLA-2-62:PD:A:TC:I:I04 D81392

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Linda Brown, Assistant Import Manager
D. J. Powers Company, Inc.
P. O. Box 9239
Savannah, Georgia 31412-9239

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

Dear Ms. Brown:

In your letter dated August 11, 1998, you requested a tariff classification ruling on behalf of Augusta Sportswear

The submitted sample, which you state will be imported under style number 5630 and style number 5635, is a man's jacket. The outer shell of the jacket is constructed from a micro fiber woven fabric composed of 55 percent polyester and 45 percent nylon. The outer shell fabric has been coated with polyurethane for water resistance. The jacket is fully lined with 100 percent nylon woven fabric. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule (HTS); therefore, HTS Heading 6210 does not apply.

The jacket features a full frontal opening secured by a zipper closure and long sleeves with partially elasticized, adjustable cuffs. The garment also features a pointed collar secured by a button closure; an elasticized bottom; and two front pockets.

The submitted sample will be returned under separate cover.

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 garments will be 6201.93.3000, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): 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, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for men's or boys' anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): 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 Hong Kong 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,

Signed by

Jayson P. Ahern
Port Director

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