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NY C83691

February 11, 1998

CLA-2-62:RR:NC:WA:357 C83691


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. John P. Coen
John F. Kilroy Co., Inc.
JFK Int'l Airport
Cargo Bldg. 80, Suite 227
Jamaica, N.Y. 11430-1718

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

Dear Mr. Coen:

In your letter dated January 20, 1998, on behalf of Nissho Iwai Textile U.S.A., Inc., you requested a classification ruling.

The sample submitted, style number TFR-3876, is a man's hip-length windbreaker-type jacket constructed of an outershell composed of a color block woven 100% polyester fabric with an overlay of mesh fabric along the length of each sleeve. In a phone conversation you stated that the jacket has a "Teflon" coating. The garment is lined with a mesh fabric.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. The zipper extends to the top of the garment's collar. There are two side seam pockets with zipper closures at the waist, long sleeves with elastic on the sleeve cuffs and a drawcord tightening through the bottom hem. The garment has a rubberized emblem on the left chest and on the back panel which depicts the face of a fox.

The sample is being returned to you as you have requested.

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 China 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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