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NY C81868

December 16, 1997

CLA-2-62:RR:NC:WA:357 C81868


TARIFF NO.: 6201.93.3511

Ms. Anza Laplanche
Montgomery Ward
Montgomery Ward Plaza
Chicago, Illinois 60671

RE: The tariff classification of a man's pullover jacket from Macau and Sri Lanka

Dear Ms. Laplanche:

In your letter dated November 17, 1997, you requested a classification ruling.

The sample submitted, style number 798K21.17, is a man's long sleeved pullover jacket constructed of a shell composed of a woven 100% nylon fabric with knit 100% cotton fabric inserts on each side. In a phone conversation you indicated that the woven portion of the garment has a 600mm polyurethane coating and that the knit portions are not coated. The garment is lined with a mesh fabric in the body and with a woven fabric in the sleeves.

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

The pullover has a cross-over v-neck collar, sleeve cuffs and a waistband that are composed of a ribbed-knit fabric. The knit 100% cotton fabric insert on each side of the garment is approximately five inches in width and extends from the top of the sleeve cuff along the length of the inner portion of the sleeve, under the armhole and down the length of the side seams to the waist. The "Adidas" logo is embroidered onto the left chest.

Because of the large gap of uncoated fabric on each side of the pullover the garment is not considered to be water resistant.

The applicable subheading for the garment will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), 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 duty rate for 1998 will be 28.8 percent ad valorem.

The garment falls within textile category designation 634. Based upon international textile trade agreements products of Macau and Sri Lanka 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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