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NY D83291




November 4, 1998

CLA-2-62:EP:I25 D83291

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Derek S. McKenny
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. McKenny:

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

The garment, Style 2013, is a man's jacket constructed of a woven 65% polyester, 35% cotton fabric and a polyester/cotton sheeting lining. Although the shell of the jacket is composed of two different colored fabrics, both are composed of the same fiber content. You state in your letter that the shell has a polyurethane coating.

The jacket has long sleeves with elasticized sleeve ends and velcro tightening and a full front opening secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with four snaps covers the zipper area. The jacket also features a roll-up hood which is concealed within the garment's collar and secured by three snaps, a drawstring waist, a hemmed bottom and two lower front pockets with a flap with two snap closures. The sample submitted for Customs examination will be returned to you under separate cover.

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

If the jacket does not pass the water resistant test, then the applicable HTS subheading for the jacket will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 28.8 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines and Indonesia 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.

Sincerely,

Carol Rackley
Service Port Director

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