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NY A87694

October 1, 1996

CLA-2-62:RR:NC:WA:357 A87694


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Ralph M. Navedo
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, N.Y. 10038-2689

RE: The tariff classification of a man's jacket from Hong Kong

Dear Mr. Navedo:

In your letter dated September 9, 1996, on behalf of Pepe Jeans, you requested a classification ruling.

The sample submitted, style number S5025, is a man's pullover jacket constructed of an outershell composed of a woven 100% nylon fabric which you state is coated with polyurethane on the inner surface rendering the garment water resistant. The garment is lined with a mesh 100% nylon fabric.

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

The jacket has an integral hood with a drawcord tightening. The hood can be rolled up and secured by a textile strap with a plastic buckle. The garment has a partial opening at the neck which is secured by a zipper closure. There is an overlapping flap with three "VELCRO"-type fasteners that covers the zipper area. The garment features a hand warmer pocket on the front panel which has a zipper closure on each side, a drawcord tightening at the bottom hem and a "VELCRO"-type fastener on the sleeve cuffs. The trade name "Tommy Jeans" is located on the garment's front chest and on the back panel.

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 7.5 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 Hong Kong 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.


Roger J. Silvestri

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