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NY D84058




November 24, 1998

CLA-2-62:RR:NC:WA:357 D84058

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Len Pawelczyk
Destiny International
21370 Ginger Lane
Frankfort, IL 60423

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

Dear Mr. Pawelczyk:

In your letter dated October 19, 1998, on behalf of Jaymar-Ruby, Inc., you requested a classification ruling.

The samples submitted, proto style numbers NF9-WB1 and NF9-WB3, are two men's hip-length jackets. Each jacket is constructed of a shell composed of a woven 100% polyester fabric and is lined with a knit mesh fabric.

Style number NF9-WB1 is a pullover jacket. The garment has a pointed collar with a partial opening at the neck secured by a zipper closure. The outer portion of the garment's collar and the garment's sleeve cuffs and waistband are composed of a ribbed-knit fabric. There are two side seam pockets at the waist.

Style number NF9-WB3 has a pointed collar and a full front opening secured by a zipper closure. The outer portion of the garment's collar and the garment's sleeve cuffs and waistband are composed of a ribbed-knit fabric. There are two front slash pockets at the waist.

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

Although in your letter you indicate that each jacket passes the water resistance test, and that Jaymar-Ruby, Inc., plans to market the jackets as water resistant, in a phone conversation you stated that the garments do not have an application of any type for water resistance. According to the Harmonized Tariff Schedule of the United States, Chapter 62, U.S. Note 2, in order for a garment to qualify as water resistant it must have a rubber or plastics application to the outer shell, lining or inner lining. Because neither jacket has an application of rubber or plastic the garments will not qualify as water resistant.

The applicable subheading for each 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 jackets fall 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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