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NY D81672





September 9, 1998

CLA-2-62:SE:TC:D:I09 D81672

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6201.93.3000, 6201.93.3511

Allison H. Baron
Sharretts, Paley, Carter, & Blauvelt
Sixty Seven Broad Street
New York NY 10004

RE: The tariff classification of men's jackets from Thailand and Malaysia

Dear Ms. Baron:

In your letter dated August 21, 1998, on behalf of your client Bimini Bay, you requested a classification ruling.

All three samples are men's jackets made of a 100% polyester woven outer shell, coated on the inner surface with a 600 mm PU coating. The jackets are not visibly coated as that term is defined in the Harmonized Tariff Schedules (HTS).

The first submitted sample, style 21601, the product of Thailand, is a men's windshirt style jacket, featuring a 100% nylon woven lining, long sleeves with rib-knit cuffs, a rib-knit bottom, and two side seam pockets below the waist.

The second submitted sample, style 51608, the product of Malaysia, is a men's windbreaker style jacket with a 100% nylon woven lining, and featuring long sleeves with a two button adjustable tab cuff, partially elasticized waistband, full front opening with zippered closure covered with a storm flap, and two slash pockets below the waist.

The third submitted sample, style 51610, the product of Thailand or Malaysia, is a men's jacket with a 100% polyester knit fleece lining, and featuring a hood with drawstring, long sleeves with a two button adjustable tab cuff, partially elasticized waistband, full front opening with zippered closure covered with a storm flap, and two slash pockets below the waist.

Your samples will be returned as requested.

If the jackets pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, the applicable subheading for the jackets will be 6201.93.3000, HTS, which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, water-resistant. The duty rate will be 7.4%.

If the jackets do not pass the water resistance test, the applicable subheading for the jackets will be 6201.93.3511, HTS, which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other. The duty rate will be 28.8%.

Styles 21601, 51608, and 51610 fall within textile category designation 634. Based upon international textile trade agree- ments, products of Thailand and Malaysia are subject to quota and the requirements of a visa.

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 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 this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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