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NY E85667




September 2, 1999

CLA-2-62-NO:TC I06

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Ms. Wendy Wieland Martin
Kellwood Company
600 Kellwood Parkway
Chesterfield, Missouri 63017-5897

RE: The tariff classification of two men’s jackets from Hong Kong and China

Dear Ms. Martin:

In your letter dated August 6, 1999, you requested a tariff classification ruling.

The submitted samples, Style #s 160WRB and 160WRG, are men’s jackets composed of 100% polyester woven fabric which is coated with teflon or polyurethane, per your submissions. The jackets feature full frontal openings with a zipper closure; long sleeves with elasticized ends having the halves of three snaps attached to each; slanted welt pockets, with zipper closures and flaps, located below the waist; a hood with a drawstring; an inner pocket of mesh fabric with a zipper closure; and a hemmed bottom with a drawstring. Per your request, your sample is returned herewith.

If the jackets pass the water resistant test specified in HTS Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jackets will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4 percent ad valorem.

If the jackets do not pass the water resistant test specified in HTS Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jackets will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: other: men’s. The rate of duty will be 28.6 percent ad valorem.

The jackets fall within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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,

Leticia Moran
Port Director

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