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NY 807338

March 17, 1995

CLA-2-62:S:N:N5:357 807338


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of a man's lined pullover jacket from Taiwan

Dear Mr. Lynch:

In your letter dated February 23, 1995, on behalf of your client, Cyrk, Inc., you requested a classification ruling.

The sample submitted, style number CWRJ3, is a man's long- sleeve pullover jacket constructed of a woven 100% nylon fabric which you state has an acrylic coating rendering the garment water resistant. The garment is lined with a knit 65% polyester/35% cotton fleece fabric.

The coating is not "visible," as that term is defined in the tariff, therefore HTS 6210 does not apply.

The pullover has a V-shaped neckline. The garment's collar, cuffs and waistband are composed of a ribbed-knit fabric. The pullover has four vent holes under each arm.

The sample is being returned to you as you have requested

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 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3 percent ad valorem.

The pullover falls within textile category designation 634. Based upon international textile trade agreements products of 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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