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NY C81239

November 3, 1997



TARIFF NO.: 6201.92.1500; 6201.92.2051

Angela Tumbarello
CYRK, Inc.
3 Pond Rd.
Gloucester, MA 01930

RE: The tariff classification of a men's cotton woven jacket from Korea, Taiwan, Hong Kong and China

Dear Ms. Tumbarello:

In your letter dated October 24, 1997 you requested a tariff classification ruling. The garment submitted for a ruling, Style MU3-2, will be returned as you requested.

Style MU3-2 is a men's woven anorak style jacket which you state is constructed from 60% cotton 40% nylon woven fabric which has a P.U. coating of 350MM. The long sleeve hooded jacket is lined with a woven nylon fabric and features a partial front zippered opening, two diagonal opening front pockets, a horizontal zippered front pocket and a drawstring at the bottom and the hood. The sleeve cuffs are partially elasticized and have adjustable Velcro tabs.

The garment is not visibly coated as that term is defined in the HTS, therefore HTS heading 6210 does not apply.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Note 2, then the applicable subheading for the garment will be 6201.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles: Of cotton: Other: Water resistant. The duty rate will be 6.5%.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.92.2051, which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.8%.

The jacket falls within textile category designation 334. Based upon international textile trade agreements, products of Korea, Taiwan, Hong Kong and China 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 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.


Port Director

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