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NY D81394




August 24, 1998

CLA-2-62:RR:NC:WA:357 D81394

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Linda Brown
D.J. Powers Co., Inc.
P.O. Box 9239
35 Barnard St.
Savannah, GA 31412-9239

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

Dear Ms. Brown:

In your letter dated August 11, 1998, on behalf of Augusta Sportswear, you requested a classification ruling. A sample was submitted.

The item in question, style #5620 in sizes M,L and XL, and #5625 in size XXL, is made from a blend of 55% polyester, 45% nylon woven fabric with a polyurethane water resistant coating. The item is a pullover jacket with a cross-over V-neck rib knit trimmed neckline. It has rib-knit cuffs and waistband, side seam pockets at the waist and a 100% woven nylon taffeta lining.

According to information you provided the garment passes the water resistance test, but we have not verified that information. The status of this item as water resistant may be subject to verification at the time of importation.

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 duty rate will be 28.8 percent ad valorem.

This 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. 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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