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NY 881580




DECEMBER 31, 1992

CLA-2-62:S:N:N5:357 881580

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Robert Evans
Fritz Companies, Inc.
1721 W. Elfindale, Suite 205
Springfield, MO 65807

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

Dear Mr. Evans:

In your letter dated December 21, 1992, on behalf of American Marketing Industries, Inc., you requested a classification ruling. Samples were submitted.

Style 8420 (Mariner) is a hip-length uninsulated jacket with a shell of a woven 65% polyester/35% cotton blended fabric with a plastics application to the unexposed surface. The lining is a light weight woven fabric. The jacket has a full-front opening with a zipper that extends to the top of the collar, a snapped flap over the zipper, a hood which is concealed within the collar, a partially elasticized waist and cuffs (which have adjustment tabs), slant zippered pockets at the waist and a contrasting free-hanging strip of fabric encircling the garment in the middle chest and back areas.

Style 8430 (Voyager) is also a hip-length uninsulated jacket with a 65% polyester/35% cotton woven shell and a light weight woven lining. It has a full-front zipper opening with a snapped flap, a double collar (the outer one of which has a drawstring), a partially elasticized waist and cuffs (which have adjustment tabs), a vertical opening pocket with a zipper in the right chest area, two double entry pockets at the waist and an action back construction with expansion pleats in the back.

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 garments 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 garments 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.

With your letter you submitted a test report from an independent laboratory certifying that the garments passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

These jackets fall within textile category designation 634. Based upon international textile trade agreements products of Korea are subject to quota 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.

Sincerely,

Jean F. Maguire

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