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NY D82048





September 29, 1998

CLA-2-62:RR:NC:WA:357 D82048

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6113.00.9025; 6201.93.3000; 6201.93.3511

Ms. Kim Duvall
Fruit of the Loom - International Transportation One Fruit of the Loom Drive
Bowling Green, KY 42101

RE: The tariff classification of three men's jackets from Korea

Dear Ms. Duvall:

In your letter dated September 2, 1998, on behalf of Union Underwear Company, Inc., dba Fruit of the Loom, Fruit of the Loom Texas, Inc., Pro Player, Inc., fka Daniel Young International, Corp., and Salem Sportswear, Inc., you requested a classification ruling.

Three samples were submitted as follows: Style number 14 "High Velocity", is a man's upper thigh-length jacket constructed of a knit 100% polyester fabric which has a polyurethane sheet on the outer surface composed of contrasting color inserts. The polyurethane coating is visible to the naked eye but does not completely obscure the underlying knit polyester fabric. The garment is lined with a knit fabric lining.

The jacket has an integral hood with a drawcord tightening, a funnel collar and a full front opening secured by a zipper pull closure with a decorative hang tag which features the trade name "Pro Player". The garment's hood can be rolled up and secured within the collar by a "VELCRO"-type fastener. The garment has a zippered vertical pocket on each side of the front placket, two front pockets below the waist which are secured by flaps with "VELCRO"-type fasteners, a tab with a "VELCRO"-type fastener on the sleeve cuffs and a straight bottom hem. The garment has a large zippered pocket which extends across the lower portion of the back panel and is covered by an overlay strip of fabric. The emblem on the garment's left chest and the embroiderey on the left portion of the collar and on the overlay strip of fabric on the back panel feature the "Pro Player" trademark.

Style number 45 "High Volume", is a man's hip-length pullover jacket constructed of an outershell composed of contrasting color inserts composed of a woven 100% nylon fabric with a polyurethane coating on the inner surface. The garment is lined with a mesh fabric.

The jacket has an integral hood with a drawcord tightening. There is a partial opening at the neck which is secured by a zipper pull with a decorative hang tag that features the "Pro Player" trade name. The jacket features a large zippered pouch pocket with an overlay strip of fabric at the top. The overlay fabric features the "Pro Player" trademark, is secured by two "VELCRO"-type fasteners and covers the zipper area. The garment's sleeve cuffs have tabs with "VELCRO"-type fasteners and there is a drawcord tightening at the bottom hem.

Style number 46 "The Peak", is a man's hip-length jacket which is composed of a knit 100% polyester fabric and woven nylon fabric inserts located on the front and back yokes, on the under portion of the collar, on the overlapping flap that covers the front zipper, as trim on the garment's front pockets and along the upper portion of each sleeve. The garment is lined with a mesh fabric in the body and with a woven fabric in the sleeves. The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. The hood can be rolled up and secured within the collar by a "VELCRO"-type fastener. The garment has two front slash pockets, an inner drawcord tightening at the waist, a zipper opening under each armhole for ventilation and elastic capping on the sleeve cuffs.

This jacket consists of different fabrics and will be classified as if it consisted of the fabric which gives it its essential character. In this instance the knit fabric imparts the essential character.

The samples are being returned to you as you have requested.

The applicable subheading for style number 14 will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: coats and jackets: other men's or boys'. The duty rate will be 7.4 percent ad valorem.

If style number 45 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 style number 45 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 applicable heading for style number 46 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 29.3 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea are presently subject to quota restraints 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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