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NY A85131




July 9, 1996

CLA-2-62:RR:NC:WA:357 A85131

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Patrick D. Gill
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

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

Dear Mr. Gill:

In your letter dated June 24, 1996, on behalf of your client, Capital-Mercury Shirt Company, you requested a classification ruling.

The sample submitted, style name "Troon", is a man's hip-length pullover jacket. The garment is constructed of a woven 100% nylon fabric which you state has a plastic coating on the inner surface.

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

The garment has long sleeves and a V-shaped neckline. The garment's collar, cuffs and waistband are composed of a ribbed-knit fabric. There are two zippered pockets located at the waist.

In addition to the sample garment you also submitted two swatches composed of a woven 100% nylon fabric. The swatch indicated as Item A is stated to be visibly coated with polyurethane. The swatch indicated as Item B is stated to have an invisible coating of polyurethane.

We cannot issue you a classification ruling for the swatches, Item's A and B without you submitting a sample garment of each item for our examination.

The sample garment and swatches are being returned to you.

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 7.5 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 29.1 percent ad valorem.

The jacket falls 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. 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 (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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