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NY G82634





October 16, 2000

CLA-2-62:RR:NC:WA:357 G82634

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6201.99.9060; 6210.40.3000; 6210.40.5020;

Ms. Debbie Moore
Global Transportation Services, Inc.
1930 Sixth Ave. So., 2nd Floor
Seattle, WA 98134

RE: The tariff classification of four men's jackets from Korea

Dear Ms. Moore:

In your letter dated September 14, 2000, on behalf of G & F Enterprises, you requested a classification ruling.

Four samples were submitted as follows: Style number 4B 4131 is a man's upper thigh-length jacket. The jacket is constructed of a shell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester tricot fabric on the inner surface that are bonded together by a polyurethane resin in between. The jacket is lined in the upper body with a mesh fabric.

The jacket has a stand-up collar and an integral hood with a drawcord tightening. The hood can be rolled up and secured within the garment's collar by a zipper closure. The jacket has a full front opening that is secured by a zipper closure. An overlapping flap with three magnetic snap closures covers the zipper area. Each magnetic closure features the letter "R". The garment has two front pockets with zipper closures at the waist, two inner pockets, a vent with a zipper closure below each armhole, long hemmed sleeves and a straight cut hemmed bottom with two adjustable snap closures for tightening. A textile fabric locker loop on the rear yoke features the "Reaction Kenneth Cole" logo.

Style number 4B 4451 is a man's upper thigh-length jacket that is constructed of a shell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit mesh 100% polyester fabric on the inner surface that are bonded together by a polyurethane resin in between. The polyurethane coating is visible through the knit mesh fabric. The garment is lined in the upper body and sleeves with a woven man-made fiber fabric. The jacket has a pointed collar and a full front opening that is secured by five left-over-right button closures. Each button has the "Reaction Kenneth Cole" logo. The garment has two front slash pockets at the waist, two inner pockets, long hemmed sleeves and two side seam vents with a straight cut bottom hem.

Style number 4B 4601 is a man's upper thigh-length jacket constructed of a shell that is composed of a woven 55% linen/45% cotton fabric which is coated on the outer surface with polyurethane. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket is lined in the upper body with a mesh man-made fiber fabric and in the lower body with a woven man-made fiber fabric. The jacket has a double stand-up collar. The two collars are stitched together along the side edges. The garment has a detachable hood composed of a nylon translucent fabric. The hood has no tightening elements and is held to the garment by three hook and loop fasteners that are located on the inner portion of the rear collar. The jacket has a full front opening that is secured by a zipper closure and an overlapping flap with three hook and loop fasteners that covers the zipper area. The garment also has a zippered left chest pocket, two zippered front pockets at the waist, a zippered inner pocket, long sleeves with a hidden inner stretch panel at the elbows, a tab with a hook and loop fastener on the sleeve cuffs and a straight cut hemmed bottom.

Style number 4B 4851 is a man's upper thigh-length jacket that is constructed of a shell that is composed of a woven 65% polyester/ 35% cotton fabric that is visible coated on the outer surface with an embossed compact polyurethane plastic material that completely obscures the underlying polyester/cotton fabric. The jacket is lined in the body with a mesh fabric and in the sleeves with a woven man-made fiber fabric. The jacket has an integral hood with a drawcord tightening that is composed of a nylon translucent fabric. The hood can be rolled up and secured within the collar by a hook and loop fastener. The jacket has a full front opening that is secured by a zipper closure. An overlapping flap with two hook and loop fasteners covers the zipper area. The garment has a free hanging front yoke, a left chest pocket with a side zipper closure, two front pockets with flap closures below the waist, two inner pockets, long hemmed sleeves, an adjustable self-fabric tab on each side that is secured by a metal buckle, and a straight cut hemmed bottom. The metal buckles and the tag hanging from the front zipper pull features the "Reaction Kenneth Cole" logo.

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

Style 4B 4131 is eligible for classification as water resistant. 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 7.3 percent ad valorem.

If style number 4B 4131 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 28.4 percent ad valorem.

The applicable subheading for style number 4B 4451 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 (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for style number 4B 4601 will be 6201.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' anoraks (including ski-jackets), windbreakers and similar articles: of other textile materials: other. The duty rate will be 4.3 percent ad valorem.

The applicable subheading for style number 4B 4851 will be 6210.40.3000, 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: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric. The duty rate will be 5.3 percent ad valorem.

Style numbers 4B 4131 and 4B 4451 fall within textile category designation 634. Style number 4B 4601 falls within textile category designation 834. Based upon international textile trade agreements products of Korea are presently subject to quota restraints and the requirement of a visa. Style number 4B 4851 is not presently subject to quota restraints nor 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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