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NY F83327




March 15, 2000

CLA-2-62:RR:NC:WA:357 F83327

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Betsy Carlo
G & F Enterprises
58 West 40th Street
New York, N.Y. 10018

RE: The tariff classification of a man's jacket from Korea

Dear Ms. Carlo:

In your letter dated February 17, 2000, on behalf of Kenneth Cole, you requested a classification ruling.

The sample submitted, style number 3B 4231, is a man's upper thigh-length jacket which is constructed of an outershell that is composed of a woven clear 100% nylon fabric. The jacket has a lining that is composed of one layer of a mesh 100% nylon fabric on the outer surface and one layer of a woven 65% polyester/35% cotton fabric on the inner surface, bonded by a polyvinyl alcohol resin to a nonwoven 100% polyester batting in between. The mesh portion of the lining is visible through the clear nylon shell fabric, giving the shell the appearance of a mesh construction.

The jacket has a stand-up collar, an integral hood with a drawcord tightening and a full front opening secured by a double pull zipper closure. The hood can be rolled up and concealed within the jacket's collar by a zipper closure. The jacket has two side seam pockets with zipper closures at the waist, long hemmed sleeves with a zippered pocket on the upper portion of the left sleeve, a tab with a "VELCRO"-type fastener at the neck and a straight cut bottom hem. The garment has a zipper opening on each side of the back panel at the bottom hem.

With your letter you submitted a test report from an independent laboratory. The test results indicate that the sample does not meet the requirements for water resistance.

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 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea 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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