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NY J81615




March 18, 2003

CLA-2-62:RR:NC:WA:357 J81615

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Dana L. Bounds
PS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

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

Dear Ms. Bounds:

In your letter dated February 26, 2003, you requested a classification ruling.

The sample submitted, style number 5630, “Four Seasons,” is a man’s hip-length jacket constructed of a shell composed of a woven microsuede 100% polyester fabric. The garment is lined with a woven 100% acetate fabric which has a polyurethane coating. The lining does not extend under the facing fabric to the edge on each side of the front opening.

The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. The jacket also has long vented sleeves with an adjustable one-button closure on the cuffs, two double entry vertical pockets with a zipper closure on each front panel and a straight cut hemmed bottom with elastic tightening on each side.

The sample is being returned to you as you have requested.

In your letter you suggested classification under the water resistant provisions in HTS Chapter 62. Because of the large gap of uncoated fabric along the length on each side of the front opening, this garment does not qualify for classification as water resistant.

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 27.9 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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