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NY C85350





March 26, 1998

CLA-2-62:RR:NC:WA:357 C85350

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Dayle Wunderler
Fritz Companies, Inc.
3310 Green Park Circle
Charlotte, NC 28217

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

Dear Ms. Wunderler:

In your letter dated March 9, 1998, on behalf of Premiumwear, Inc., you requested a classification ruling.

The sample submitted, style number 90519, is a man's hip-length pullover jacket constructed of a shell composed of a woven solid color 100% polyester microfiber fabric. In a phone conversation you stated that the garment has an acrylic coating. The garment is lined with a woven nylon taffeta fabric.

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

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

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 Taiwan 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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