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HQ 085816

December 7, 1989

CLA-2: CO:R:C:G 085816 DRR 845465


TARIFF NO.: 6201.92.2050

Ms. Lorraine Dugan
Associated Merchandising Corporation
50 Terminal Road
Secausus, New Jersey 07096

RE: Apparel; Modification of NYRL 845465, dated August 30, 1989

Dear Ms. Dugan:

This is in further response to your letters of August 18, 1989, and September 13, 1989, to our New York regional office. In your letter of August 18, 1989, you requested a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a man's woven outerwear jacket. Our New York office's response to your August 18, 1989, request, New York Ruling Letter (NYRL) 845465, dated August 30, 1989, classified the garment under subheading 6201.93.3510, HTSUSA. In your letter of September 13, 1989, to our New York office, you stated that the original ruling request contained erroneous information with respect to the fiber content of the garment. You also requested that the ruling be revised in light of the fact that the garment is 55 percent cotton/45 percent polyester, and not 55 percent polyester/45 percent cotton chintz, as originally stated.


The merchandise in question consists of a men's lightweight jacket with long sleeves, a full front zippered opening, epaulets and a stand-up collar, secured by a length of fabric which wraps around the collar and fastens with a snap. The garment's waistband, sleeve cuffs and pocket trim are knitted acrylic. The outer shell of the garment is 55 percent cotton/45 percent polyester.


Whether the merchandise in question is classifiable under subheading 6201.93.3510, HTSUSA, or subheading 6201.92.2050, HTSUSA.


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Subheading 6201.93.3510, HTSUSA, provides for men's or boys' overcoats, carcoats, capes, cloaks, anoraks..., windbreakers and similar articles of man- made fibers, other, men's. The merchandise in question is more specifically provided for under subheading 6201.92.2050, HTSUSA, which provides for men's or boys' overcoats, carcoats, capes, cloaks, anoraks..., windbreakers and similar articles... of cotton, other, men's.


The jacket in question is classified under subheading 6201.92.2050, HTSUSA, men's or boys' overcoats, carcoats, capes, cloaks, anoraks..., windbreakers and similar articles... of cotton, other, men's, with a duty rate of 10 percent ad valorem and subject to textile category 334.

Pursuant to section 177.9, Customs Regulations, (19 CFR 177.9 (1989)), copy enclosed, the ruling letter of August 30, 1989, is modified in conformity with the foregoing.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Your sample is being returned to you, as requested.


John Durant, Director

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