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NY F88459




June 26, 2000

CLA-2-62:RR:NC:WA:357 F88459

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2031; 6210.40.5020

Ms. Astra Galins
CYRK, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of two men's jackets from Taiwan, Hong Kong, China or Korea

Dear Ms. Galins:

In your letter dated June 9, 2000, you requested a classification ruling.

Two samples were submitted as follows: Style M01-05 is a man's hip-length jean-style blue denim jacket that is constructed of a shell which is composed of a woven 100% cotton fabric.

The jacket has a pointed collar and a full front opening that is secured by six left-over-right button closures. The garment has two chest pockets that are secured by flaps with a one button closure, two front in-seam pockets located at the waist, long sleeves with a one button closure on the cuffs and a banded bottom hem that features a tab on each side of the rear waistband that is secured by adjustable button closures.

Style number M01-06 is a man's upper thigh-length jacket constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket has a stand-up collar that is composed on the outer surface of a knit fleece fabric, a detachable snap-off hood with a drawcord tightening that is lined with a knit fleece fabric and a full front opening that is secured by a reversible zipper pull closure that extends to the top of the garment's collar. An overlapping flap with five snaps covers the zipper area. The jacket also has a secondary zipper that can be used to attach an inner garment. In a phone conversation and in a fax you submitted you indicated that the inner garment would be imported and sold separately. The jacket has a zippered left chest pocket, an inner drawcord tightening at the waist, a zippered inner pocket, a zipper opening under each arm, two front pockets secured by flaps with a snap closure below the waist and a drawcord tightening through the bottom hem. The garment has a contrasting color overlay strip of fabric on the front and back yokes and along the length of each arm.

The samples are being returned to you as you have requested.

The applicable subheading for style number M01-05 will be 6201.92.2031, Harmonized Tariff Schedule of the United States (HTS), which provides for other anoraks, windbreakers and similar articles: of cotton: other: other: blue denim. The duty rate will be 9.6 percent ad valorem.

The applicable subheading for style number M01-06 will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

Style number M01-05 falls within textile category designation 334. Style number M01-06 falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, Hong Kong, China or 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.

Style number M01-05 may be subject to an ITC exclusion order dealing with faded denim garments produced by an acid wash method. For further information on admissibility please contact your local Customs office prior to importation of the goods. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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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