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NY D84287





November 10, 1998

CLA-2-62:CLT:I29 D84287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Carol Messa
Import Specialist
Augusta Sportswear
P. O. Box 14939
Augusta, GA 30919

RE: The tariff classification of men's man-made fiber woven jacket from Hong Kong

Dear Ms. Messa:

In your letter dated October 29, 1998, you requested a tariff classification ruling. As requested, your sample will be returned.

The submitted garment, Prototype #11261, is a men's jacket. According to you, the garment is coated for water resistance.

The jacket is constructed of an outer shell composed of a woven 100% nylon fabric which is coated on the inner surface with polyurethane. It features a full front opening with a left-over-right five snap closure and a drawcord at the bottom hem. It has long sleeves with elasticized sleeve cuffs and two front slash pockets at the waist. The jacket is lined with a knit tricot 100% nylon fabric.

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 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 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 Hong Kong 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,

John J. Quealy
Port Director

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