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NY E88321





November 19, 1999

CLA-2-62:RR:NC:WA:357 E88321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of a man's jacket and pair of trousers from Hong Kong

Dear Ms. Mossa:

In your letter dated October 15, 1999, you requested a classification ruling.

The sample submitted, style number 7750, "Mitre Rainsuit", consists of a windbreaker-type jacket and pair of trousers which are constructed of a woven 100% nylon taffeta fabric. In a phone conversation you indicated that the jacket and pair of trousers are men's and that each garment has a polyurethane coating for water resistance. Each garment is unlined.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with three "VELCRO"-type fasteners covers the zipper area. The jacket has two front pockets secured by flaps with a "VELCRO"-type fastener, long sleeves with elasticized cuffs and a drawcord through the bottom hem. The "Mitre" logo is embroidered onto the left chest.

The pair of trousers has an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. The "Mitre" logo is embroidered onto the front portion of the left pocket. At the bottom of each trouser leg there is an opening that is secured by a zipper closure and a snap at the bottom hem.

The samples are 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.

If the trousers pass 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 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The duty rate will be 28.8 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong 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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