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NY 870136

JANUARY 9, 1992

CLA-2-62:S:N:N3I:357 870136


TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Jack Curcuruto
Masterpiece Apparel Ltd.
350 Fifth Avenue
Suite 1505
New York, N.Y. 10118

RE: The tariff classification of two men's jackets from Korea

Dear Mr. Curcuruto:

In your letter dated December 19, 1991, you requested a classification ruling.

The samples submitted, style numbers 3905 and 3906 are two men's hip-length jackets constructed of outershells composed of a woven 70% acrylic/ 30% wool fabric. Each jacket has a woven 100% nylon fabric lining which you state has been coated with 600mm clear acrylic.

The coating on the jackets does not change the surface character of the fabric, therefore HTS 6210 does not apply.

Style 3905 has a full front opening secured by six metal snap closures. The jacket's collar, cuffs and waistband are composed of a ribbed-knit fabric. There are two front slash pockets at the waist and an inner lining pocket. A contrasting colored strip of woven textile fabric is sewn to the garment along the length of each sleeve and shoulder.

Style 3906 has a full front opening with a heavy-duty zipper closure. An overlapping flap secured by three buttons covers the zipper area. The garment has two slash pockets at the waist, a one button closure on the sleeve cuffs and an elasticized waistband.

If the jackets pass 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 jackets do 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 jackets fall 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 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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