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February 4, 1999

CLA-2-62:RR:NC:WA:357 D86696

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd.
Suite 728
Long Beach, California 90802

RE: The tariff classification of a man’s pullover jacket from China or Taiwan

Dear Ms. Denny:

In your letter dated December 16, 1998, on behalf of Jack Wolfskin, you requested a classification ruling.

The sample submitted, style name “Windy Point”, is a man’s hip-length pullover jacket which is constructed of a shell composed of a woven 65% polyester/35% cotton fabric. Although you indicate in your letter that the jacket is water resistant, in a phone conversation you stated that this jacket is not treated for water resistance.

The pullover jacket has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. There are two front zippered pockets at the waist. The “Jack Wolfskin” tradename and logo is embroidered onto the left pocket. The garment has long sleeves with elasticized cuffs. The left sleeve features a sewn-on patch with the “Jack Wolfskin” logo. The garment has a drawcord tightening through the bottom hem.

The sample is being returned to you as you have requested.

To qualify for classification as water resistant a garment must be made water resistant as a result of an application of rubber or plastics. Because that is not the case here, the applicable subheading for the 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 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China or Taiwan 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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