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NY C86950

May 7, 1998

CLA-2-62:RR:NC:WA:357 C86950


TARIFF NO.: 6110.30.3050; 6201.93.3000; 6201.93.3511

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of a man's jacket and garment set from Indonesia

Dear Ms. Baron:

In your letter dated April 20, 1998, on behalf of your client, Bimini Bay Outfitters, Ltd., you requested a classification ruling.

The sample submitted, style number 51607, is a man's two piece jacket and garment set. The two piece set consists of a thigh-length outer jacket and a hip-length inner garment which can be zippered together along the front edges so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% polyester microfiber fabric. In a phone conversation it was stated that the garment has a polyurethane coating. The garment is lined with a woven 100% polyester fabric lining.

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

The jacket has a full front opening secured by a double pull zipper closure as well as a secondary zipper for attaching the inner garment. An overlapping flap with six snaps covers the zipper area. The jacket features an attached hood with a drawcord tightening. The hood can be rolled up and concealed within the garment's collar by three "VELCRO"-type fasteners. There are two zippered chest pockets, a zippered inner pocket, an inner drawcord tightening at the waist, two front pockets below the waist with flaps that have snap closures, a drawcord tightening at the bottom hem and partial elastic with a "VELCRO"-type fastener tab on the sleeve cuffs.

The inner garment is constructed from 100% polyester, finely knit fabric which is napped on the inside and outside surfaces. The fabric measures more than nine stitches per two centimeters counted in the horizontal direction. The garment features a convertible collar, a full front opening with a zipper closure, long sleeves with elasticized capping at the cuffs, two inset zippered pockets below the waist and a hemmed bottom.

The samples are being returned to you.

If the outer 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 outer 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 applicable subheading for the inner garment will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: men's or boys'. The duty rate will be 33.3 percent ad valorem.

The outer jacket falls within textile category designation 634. The inner garment falls within textile category 638. Based upon international textile trade agreements products of Indonesia 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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