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NY 865494

August 21, 1991

CLA-2-62:S:N:N3:357 865494


TARIFF NO.: 6201.93.3000; 6201.93.3520

Mr. William C. Shayne
Soller, Shayne & Horn
46 Trinity Place
New York, N.Y. 10006

RE: The tariff classification of a ski-type jacket from China or Hong Kong

Dear Mr. Shayne:

In your letter dated July 5, 1991, on behalf of Cooper Sportswear, you requested a classification ruling. A sample garment was submitted and is being returned as you requested.

The item in question, size medium, is a waist-length boys' jacket with a woven crinkle nylon outershell stated to have a polyurethane plastics application. It also has a woven lining quilted to a nonwoven insulation. Other features include an elasticized waistband and cuffs, a full-front opening with a zipper extending through the stand-up collar, a storm flap with hook and loop closures over the zipper and pockets at the waist.

According to your letter, the jacket has been tested independently for water resistance.

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 or boys' 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 6201.93.3520, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa, while products of Hong Kong are subject to a visa requirement.

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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