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NY F83909




March 28, 2000

CLA-2-62:RR:NC:WA:357 F83909

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.13.4030

Ms. Linda Caropreso
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a men’s coat from Indonesia

Dear Ms. Caropreso:

In your letter dated March 2, 2000, on behalf of Crown Clothing, you requested a classification ruling. A sample was submitted and is being returned.

The item in question, labeled style “Walker,” is a men’s coat with a shell made from a brushed woven 100% polyester microfiber fabric. It is fully lined with what appears to be a nylon fabric. The garment, which is indicated to be a size 40, is approximately 33-1/2 inches in length. It has a full-front opening with a zipper closure that is covered by a four-button flap. The garment also has a pointed collar, a throat latch, long sleeves with hemmed bottoms and buttoned tabs, patch pockets with flaps below the waist and slant pockets above the waist. The garment is cut long and full enabling it to be worn over a suit jacket.

You indicated that the garment is treated for water resistance and suggested classification in HTS subheading 6201.93.3000. You also cited a prior ruling from this office, which you stated was for similar merchandise that was classified as water resistant. Review of the sample and the prior ruling indicate that the ruling does not have applicability to the classification of the present garment. For a garment to be classified as water resistant it must fall within the subheading under which water resistant garments are classified. Subheading 6201.93.3000 is limited to anoraks, ski jackets and similar articles. The present garment is more akin to overcoats, carcoats and similar coats.

The applicable subheading for the coat will be 6201.13.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for other other men’s overcoats, carcoats, capes, cloaks and similar coats. The duty rate will be 28.4 percent ad valorem.

This garment falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia 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.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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