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NY D83440

December 3, 1998

CLA-2-62:RR:NC:WA:357 D83440


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. John Imbrogulio
Nordstrom, Inc.
NPG A/P Import
1617 Sixth Ave, Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letter dated November 12, 1998, you requested a classification ruling.

The sample submitted, style number 2315GS011, is a man's hip-length jacket constructed of an outershell composed of a "Balseta" fabric which is a woven 85% polyester/15% nylon fabric. You indicate that the fabric is treated with silicone and will meet the water resistance requirements. The garment is lined in the body with a woven plaid 100% cotton fabric, in the sleeves with a woven 100% nylon fabric and has a non woven polyester fill.

The jacket has a pointed collar with a button tab closure and a full front opening secured by a zipper closure. An overlapping flap with six snaps covers the zipper area. The jacket has detachable sleeves that are held to the jacket by zippers, two double entry front pockets which have a flap with a snap closure, elasticized sleeve cuffs and an elasticized waistband. Embroidered onto the left chest is the Faconnable logo and tradename.

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

In your letter you indicated that the shell fabric of this garment is the same as that used on a garment which we previously ruled to be water resistant. Please note that bindings of water resistance on pre-production samples do not preclude testing at the time of entry.

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 Singapore 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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