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NY 863798

June 25, 1991

CLA-2-62:S:N:N3I:357 863798


TARIFF NO.: 6201.93.3000; 6201.93.3510

Ms. Christina L. Hoffman
Meston And Brings, Inc.
P.O. Box 24363
Seattle, Washington 98124

RE: The tariff classification of a man's jacket from the Philippines and Taiwan

Dear Ms. Hoffman:

In your letter dated May 20, 1991, on behalf of Century 21 Promotions, Inc., you requested a classification ruling.

The sample submitted, style number 805, is a man's hip- length pullover jacket. The jacket is constructed of a woven shell composed of a 100% nylon fabric which you state is coated with polyurethane.

The jacket has a partial front opening at the neck secured by a heavy-duty zipper which extends to the top of the collar. An overlapping flap with three snaps covers the zipper area. A roll-up hood with a drawstring is concealed within the garment's collar by three snaps. The sleeve cuffs and waistband are elasticized. There are two zippered front pockets at the waist, a contrasting colored zippered left sleeve pocket and a right chest pocket secured by a flap with two snaps. On the left chest there is contrasting colored embroidery with the logo "Carmel by the Sea California". There is a left side seam zipper opening at the waist.

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 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS 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 duty rate will be 29.5 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines and Taiwan are presently subject to quota restraints and the requirement of a visa.

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. 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 (Restraint 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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