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NY D83292




November 12, 1998

CLA-2-62-DD:C:D:I01 D83292

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Derek S. McKenny
Import Manager
Expeditors International
569 Southridge Parkway
Suite 120
Atlanta, GA 30349

RE: The classification of a men's jacket from Taiwan, China, Hong Kong, Indonesia, Sri Lanka, Korea and the Philippines.

Dear Mr. McKenny:

In your letter dated October 5, 1998, on behalf of Hartwell Sports, Inc., you requested a tariff classification ruling.

Style number JK1640 is a men's 100% nylon woven outer shell with polyester coating , 75% polyester, 25% rayon fleece lining. The jacket features a hood with a drawstring, a full frontal opening with a zipper closure, long sleeves with elasticized cuffs, large front pockets and a bottom with a drawstring.

Your sample is returned as requested.

If the jacket passes the water resistance test specified in Chapter 62, U.S. Note 2, then the applicable subheading for the jacket will be 6201.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Of man-made fibers: Other: Other: Other: Men's. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test specified in Chapter 62, U.S. Note 2, then the applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks (including ski-jackets), windbrealkers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Of man-made fibers: Other: Other: Other: Other: Men's. The rate will be 28.8 percent ad valorem.

The jacket falls within textile category designation 634. As a product of Taiwan, China, Hong Kong, Indonesia, Sri Lanka and the Philippines this merchandise is subject to visa requirements and quota restraints based upon international textile agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota restraints applicable to the subject merchandise may be affected since part categories are subject to frequent 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 should be attached to the entry documents at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to attention of the Customs officer handling the transaction.

Sincerely,

Victor G. Weeren
Port Director

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