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NY C87935


June 17, 1998

CLA-2-62:RR:NC:WA:357 C87935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Kris Spurbeck

D H C Transportation

33 South Sixth Street

Minneapolis, MN 55402

RE: The tariff classification of a men's pullover jacket from Sri Lanka; knit and woven; GRI 3(c).

Dear Ms. Spurbeck:

In your letter dated May 11, 1998, you requested a tariff classification ruling on behalf of Mervyn's, a Division of Dayton Hudson Corp. As requested, your sample will be returned.

Style 10927 is a men's pullover garment. The upper portions in the front and back and the sleeves are constructed from 100 percent nylon woven overlays on polyester knit fabric which is napped on the inside and outside surfaces. The balance of the garment, namely, the lower body portions in the front and back, are made from napped polyester knit fabric. Style 10927 features a partial front opening with a zipper closure which extends through the stand-up collar; long sleeves with elasticized cuffs; two side seam pockets below the waist; and a straight, hemmed bottom with a drawcord.

When garments are composed of both knit and woven portions, classification is generally according to which portion imparts the essential character, in accordance with General Rule of Interpretation (GRI) 3 to the HTS. When neither component imparts the essential character, the garment is classifiable, again based on GRI 3, in the competing heading which occurs last in the tariff. In this case neither portion imparts the essential character. Accordingly, the garment is classifiable as woven.

The applicable subheading for Style 10927 will be 6201.93.3511, Harmonized Tariff Schedule of the United States, (HTS), which provides for other men's anoraks, windbreakers and similar articles not knitted or crocheted, of man-made fibers. The duty rate will be 28.8 percent ad valorem.

Style 10927 falls within textile category designation 634. Based upon international textile trade agreements, products of Sri Lanka are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 in
spection 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 this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,


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