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NY 851918

MAY 23 1990

CLA-2-62:S:N:N3I:357 851918


TARIFF NO.: 6201.93.3000; 6201.93.3510

Ms. Kris Chapple
Charles M. Schayer & Co.
3839 Newport Street
P.O. Box 38367
Denver, CO 80238

RE: The tariff classification of a man's pullover jacket from Hong Kong.

Dear Ms. Chapple:

In your letter received in this office April 26, 1990, on behalf of Sport Obermeyer Ltd., you requested a tariff classification ruling.

The sample submitted, style number 07250, is a man's pullover windbreaker-type jacket. The pullover is constructed of a woven 100 percent nylon fabric which you state is coated with 600mm acrylic.

The garment has a partial front zipper opening at the neck and elasticized sleeve cuffs. Below the zipper opening there is a large zippered pouch pocket which features a sewn-on label with an "OBERMEYER" logo. There is an elastic drawcord with plastic cord stoppers on the garment's hood and waistband. Below each armhole there is a mesh insert.

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 rate of duty will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable subheading for the garment will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong are not presently subject to quota restraints but a visa is required.

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, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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