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A89567

December 3, 1996

CLA-2-62:CO:CH:DGD IO5 A89567

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511

Mr. Ralph M. Navedo
Inter-Maritime Forwarding Company Inc.
156 William Street
New York, NY 10038-2689

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

Dear Mr. Navedo:

In your letter dated November 8, 1996 you requested a tariff classification ruling on behalf of your client, Pepe Jeans of New Jersey. The sample is being returned as you requested.

The submitted sample, style 5040, is manufactured for men with a shell of 100% nylon woven fabric with a polyurethane coating. The garment features an attached hood with a drawstring; a partial zipper front closure; long sleeves with adjustable button tabs on the cuff; two pockets below the waist with snap closure and a hemmed bottom with drawstring. The jacket has a clear polyurethane coating and contains two appliques and a zipper pull with the words TOMMY JEANS.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note 2 to Chapter 62 HTS, will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.5%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: men's. The duty rate will be 29.1%.

Style 5040 falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong are subject to quota 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 Section 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.

Sincerely,

Richard Roster
Port Director

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