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NY D83290




October 28, 1998

CLA-2-62:LA:S:T:1:2:I23 D83290

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Derek S. McKenney
Import Manager
Expeditors International
5169 Southridge Parkway
Suite 120
Atlanta, GA 30349

RE: The tariff classification of a man's jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines and Indonesia

Dear Mr. McKenney:

In your letter dated October 5, 1998, on behalf of Hartwell Sports, Inc., you requested a tariff classification ruling.

The submitted sample, style JK2012A, is a man's jacket constructed from 100% woven nylon fabric with 100% polyurethane coating. The coating is not visible so, heading 6210 does not apply. The jacket features a stand-up collar, a hood which can be concealed inside the collar, long sleeves with partially elasticized cuffs, a full front opening with a zipper closure with flaps fastened by four snap buttons, pockets below the waist and a partially elasticized bottom.

Your sample will be returned as requested.

If the garment passes the water resistance test specified in Chapter 62, U.S. Note 2, the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for water resistant anoraks and similar articles of man-made fibers. The rate of duty will be 7.4% ad valorem.

If the garment does not pass the water resistance test, the applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other anoraks and similar articles of man-made fibers. The rate of duty will be 28.8% ad valorem.

The jacket falls within textile category designation 634. As a product of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines and Indonesia, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Irene Jankov

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