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NY C80907

November 13, 1997

CLA-2-62:RR:NC:WA:357 C80907


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Eric T. Buchanan
D.J. Powers Co., Inc.
P.O. Box 9239
35 Barnard Street
Savannah, GA 31412-9239

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

Dear Mr. Buchanan:

In your letters dated October 17, 1997 and October 30, 1997, on behalf of Augusta Sportswear, you requested a classification ruling.

In New York Ruling Letter B87020, dated July 8, 1997, you were advised that the sample you submitted would be classified under HTS 6201.93.3511. At that time you stated that the garment was not coated for water resistance.

You now indicate that when imported the garment in question will be coated with polyurethane rendering it water resistant. The garment will be reassigned style number 3390A instead of 3390. You also indicate that the same garment will be imported under style number 3395B in size XXL.

The revised sample, style number 3390A "Taslan Windshirt," is a man's hip-length pullover jacket constructed of a woven 100% nylon taslan fabric. You indicate that the garment is coated with polyurethane. The garment has a woven 100% polyester lining.

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

The jacket has a cross-over v-neck style collar composed of a ribbed-knit fabric, ribbed-knit fabric sleeve cuffs and a ribbed-knit fabric waistband. There are two side-seam pockets located at the waist.

The sample is being returned to you.

If style numbers 3390A and 3395B pass 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 7.4 percent ad valorem.

If style numbers 3390A and 3395B do 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 percent ad valorem.

The pullover jackets fall 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.


Robert B. Swierupski

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