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PD A83906 June 5, 1996

CLA-2-62:K:TC:B6:I14 A83906


TARIFF NOS.: 6201.93.3000; 6201.93.3511

Ms. Maristella Iacobello
The Van Heusen Company
1290 Avenue of the Americas
New York, NY 10104-0101

RE: The tariff classification of a man's pullover jacket from Taiwan or Thailand.

Dear Ms. Iacobello:

In your letter dated April 4, 1996, you requested a classification ruling.

The sample submitted, style number 92363, is a man's pullover outerwear jacket with an outershell constructed from a 100% nylon woven fabric with a polyurethane coating. The jacket has long sleeves with elasticized cuffs and a partial front opening at the neck which is secured by five metal snaps. There are two side seam pockets below the waist and a drawstring at the bottom of the garment. The sample is being returned as requested.

If the garment passes the water resistance test as specified in Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable subheading will be 6201.93.3000, HTSUS, which provides for men's water resistant anoraks...windbreakers and similar articles...of man-made fibers. The rate of duty will be 7.5% ad valorem.

If the jacket does not pass this test, then the applicable subheading will be 6201.93.3511, HTSUS, which provides for men's other anoraks...windbreakers and similar articles...of man-made fibers. The rate of duty will be 29.1% ad valorem.

The jacket falls within textile category designation 634. As a product of Taiwan or Thailand, this merchandise is subject to quota and visa requirements based upon international textile trade agreements.

The designated textile and apparel category 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 Part 177 of the Customs Regulations.

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.


Thomas Mattina

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