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NY 895689

April 11, 1994

CLA-2-62:S:N:N5:357 895689


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of a men's shirt-jacket from Hong Kong or Sri Lanka

Dear Mr. LeClair:

In your letter dated March 11, 1994, on behalf of John Forsythe Corp., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 1202, is a men's shirt-jacket with an outershell comprised of a woven plaid fabric with a 40% acrylic/30% wool/ 25% polyester/5% other fabric blend. The garment is fully lined with a woven nylon fabric treated for water resistance, which is quilted to a nonwoven batting. Other features include a full-front opening with a four-button closure, slant pockets at the waist, a curved bottom, buttoned cuffs with vents and chest pockets with buttoned flaps. Based on our examination of the garment the shell fabric weighs approximately eleven ounces per square yard.

The applicable subheading for style 1202 if it passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, 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 29.5 percent ad valorem.

Style 1202 falls within textile category designation 634. Based upon international textile trade agreements products of Sri Lanka are subject to quota restraints and the requirement of a visa. Products of Hong Kong are subject to 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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