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NY C82870





January 22, 1998

CLA-2-62:RR:NC:WA:357 C82870

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Kevin Taniguchi
Tower Group International
821 2nd Avenue #1400
Seattle, WA 98103

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

Dear Mr. Taniguchi:

In your letter dated December 29, 1997, on behalf of High Sierra Sport Company, you requested a classification ruling.

The sample submitted, style number C1712, is a jacket constructed of an outershell composed of a woven micro-fiber 100% polyester fabric which you state has a 600mm acrylic coating. Although you state in your letter that the garment is unisex, the fax you submitted indicates that although the garment can be worn by both men and women it is cut as a man's. The garment is lined on the body with a knit micro-fiber 100% polyester fabric and on the sleeves with a woven 100% nylon fabric.

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

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. The hood can be rolled up and secured at the nape of the neck by two self-fabric tabs with snap closures. There are two front slant pockets at the waist, an inner pocket, elasticized sleeve cuffs and a drawcord tightening through the bottom hem.

The sample is being returned to you.

If the jacket passes 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 the jacket does 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 28.8 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Thailand 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.

Sincerely,

Robert B. Swierupski
Director,

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