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NY B83157

April 3, 1997
CLA-2-62:K:TC:C8:I18 B83157


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Lydia Concepcion
Inter-Maritime Fowarding Co., Inc.
156 William Street
New York, N.Y. 10038-2689

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

Dear Ms. Concepcion:

In your letter dated March 13,1997, you requested a classification ruling on behalf of Pepe Jeans, 100 Central Ave. Bldg. 71, So. Kearny, N.J. 07032.

The submitted sample, style S/5047, is a man's jacket. The garment is manufactured from an oxford woven fabric consisting of 100% nylon yarn. The inner surface has a clear PU coating. The garment features a full front opening which is secured with a heavy duty zipper and snaps. The long sleeves have hemmed ends with adjustable tabs. The waistband and the hood have a drawstring tightening. There are two slanted inset pockets below the waist. Also there is a patch pocket with a flap and two snaps on the left sleeve. The sample will be returned as requested.

The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

If the jacket passes the water resistance test as specified in HTSUSA, Chapter 62, U.S. note 2, then the applicable subheading will be 6201.93.3000, HTSUSA, which provides for anoraks (including ski-jackets), windbreakers and similar articles . . . of man-made fibers: other . . . other: water resistant. The duty rate will be 7.4 % ad valorem.

If the jacket does not pass this test, then the applicable subheading will be 6201.93.3511, HTSUSA, which provides for anoraks (including ski-jackets), windbreakers and similar articles . . . of man-made fibers: other . . . other: men's. The duty rate will be 29% ad valorem. The jacket falls within textile category designation 634. As a product of Hong Kong, 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.


John J. Martuge
Area Director

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