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March 5, 1999

CLA-2-62:RR:NC:WA:357 D88832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Jack Curcuruto
Masterpiece Apparel
350 Fifth Ave.
New York, NY 10118

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

Dear Mr. Curcuruto:

In your letter received March 3, 1999, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 4102, is a men’s hip-length jacket with a full-front zipper opening covered by a six-snap flap. It has slant pockets at the waist, rib knit collar, cuffs and waistband and matching rib knit fabric overlays around each sleeve opening. The shell is a woven 100% nylon fabric which you state has a 600mm acrylic coating for water resistance. The jacket is lined with a heavy fleeced fabric.

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 28.6 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of China 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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