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A85096
July 19,1996

CLA-2-62:K:TC:C8:I17 A85096

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000,6201.93.3511

Ms. Barbara Balk
Seino America, Inc.
8728 Aviation Blvd.
Inglewood, California 90301

RE: The tariff classification of two men's nylon, water resistant, pullover jackets from Malaysia.

Dear Ms. Balk:

In your letter dated June 20,1996, you requested a classification ruling on behalf of Sanmar Corp. located at 30500 SE 79th ST, Preston, Wa. 98050.

The submitted samples, style J742 and J744, are men's 100% nylon pullover style jackets with a P.U. coating. Both feature side pockets at the waist, long sleeves with ribbed knit cuffs, and a ribbed knit waistband. Style J742 features a round neck with a two button placket while style J744 features a V-neck opening.

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

If the jackets do not pass this test, then the applicable subheading will be 6201.93.3511, HTSUSA, which provides for men's anoraks, windbreakers and similar articles...of man-made fibers: other than water resistant. The rate of duty will be 29.1% ad valorem.

The jackets fall within textile category designation 634. As a product of Malaysia, this merchandise is subject to a visa requirement and quota restraints 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.

Sincerely,

Thomas Mattina

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