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NY D83938




November 2, 1998

CLA-2-62:RR:NC:WA:357 D83938

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Karen Wilder
Moonstone Mountain Equipment, Inc.
833 Indiana Street
San Francisco, California 94107

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

Dear Ms. Wilder:

In your letter dated October 16, 1998, you requested a classification ruling.

The sample submitted, style number 1110062 "Profusion", is a jacket designed for cycling sports. The jacket is constructed of a shell composed of a woven ripstop 100% nylon fabric which has a Teflon coating. Under each armpit of the jacket there is a knit insert which measures approximately 3-3/8 inches in length and 4-3/8 inches in width. The inserts are composed of a polyester tricot fabric and are used for ventilation. Because of their protected location they are out of the direct path of wind and rain. The garment is fully lined with a knit 100% polyester tricot fabric.

The coating on the garment is not visible, therefore HTS 6210 does not apply.

The jacket is thigh-length, has a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the garment's collar. The garment has two zippered side seam pockets at the waist, an elasticized band on each sleeve cuff and a straight bottom hem. Featured on the left chest is the Moonstone trademark.

Although you indicated in your letter that the garment is unisex, in a fax you submitted you stated that the jacket contains no unisex cutting specifications and that the specifications used for the jacket match those that you use for your men's jackets. The garment will therefore be classified as a man's jacket.

The sample is being returned to you.

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.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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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