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January 20, 1999

CLA-2-62:RR:NC:WA:357 D82379


TARIFF NO.: 6201.93.3000

Mr. David E. Katzman
Advance Brokers, Ltd.
135 American Legion Highway
Revere, MA 02151

RE: The tariff classification of a men’s jacket from Indonesia

Dear Mr. Katzman:

In your letter dated August 25, 1998, received in our Boston office on September 15, on behalf of Crown Clothing Inc., you requested a classification ruling. A sample garment and treated piece goods were submitted. The jacket is being returned as you requested. Please excuse the delay in responding, which was due to a laboratory analysis.

The item in question, no style number, is a men’s windbreaker made from a shell fabric of woven, brushed polyester described as “ultra microsuede.” The piece goods have been treated with Asahi Guard AG-460, which you indicated imparts water resistance to the fabric. This fabric will be used in production of the garment.

The jacket, which is hip-length, has long sleeves with buttoned cuffs, a full-front zipper opening covered by a three-button flap, a pointed collar, slant, zippered pockets at the waist, an elasticized waistband and a woven nylon lining with a buttoned pocket in the left chest area.

The issue presented by this item is whether the Asahi Guard AG-460 treatment qualifies this garment for water resistance under the HTS. According to our laboratory the piece goods which will be used to produce this jacket meet the requirements of HTS Chapter 62 Additional U.S. Note 2 for water resistance. Please note, however, that this finding may be subject to verification at the time of entry by the responsible classifying Customs officer. Test results on pre-production samples and piece goods may not necessarily hold true on production runs of garments.

The applicable subheading for the windbreaker when made from the treated fabric will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia are subject to quota 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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