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NY E86888




September 24, 1999

CLA-2-62:RR:NC:WA:357 E86888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Pattie Zimmerman
Charles M. Schayer & Co.
15210 32nd Ave South Ste D
Seattle, WA 98188

RE: The tariff classification of a man’s convertible jacket from Taiwan

Dear Ms. Zimmerman:

In your letter dated August 20, 1999, on behalf of Cabela’s, Inc., you requested a classification ruling.

The sample submitted, style set 94-0863, “Packable Rainwear Parka”, is a man’s jacket that is constructed of a woven camouflage print 100% nylon fabric which has a polyurethane coating on the inner surface.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket is thigh-length, has an integral hood with an elasticized drawcord tightening and a full front opening secured by a zipper closure. A double storm flap covers the zipper area. The jacket is lined with a mesh 100% nylon fabric in the body and with a woven 100% nylon taffeta fabric in the hood and in the sleeves. The garment has two front zippered pockets covered by an overlay of fabric, long sleeves with elasticized cuffs an elasticized drawcord through the bottom hem and a free hanging back yoke. The “Cabela’s” logo is embroidered on the left chest. Sewn into the zippered portion of the left pocket is two elasticized straps with a plastic buckle. The wearer can unzip and invert the jacket’s pocket, fold the jacket into the pocket and secure it within by the reversible zipper pull closure. This allows the jacket to be carried and worn similar to a waistbag by fastening the straps around the wearer’s waist and securing it with the plastic buckle.

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

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 HTS subheading for the garment will be 6201.93.3000, which provides for other 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 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints 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.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. 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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