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NY F80664

December 23, 1999

CLA-2-62-PD:A:TC:I:I04 F80664


TARIFF NO.: 6201.93.3000; 6201.93.3511

Barry Malloy
Import Brokers International Company
5824 South Quemoy Circle
Aurora, Colorado 80015

RE: The tariff classification of a man's pullover jacket from either Taiwan or China

Dear Mr. Malloy:

This is in response to your letter dated November 30, 1999, in which you request a tariff classification ruling on behalf of Colorado Trading & Clothing Company.

The submitted sample, style number GS15205, is a man's hip-length pullover jacket. The outer shell of the jacket is manufactured from 100 percent polyester woven fabric that has a 600mm polyurethane coating for water resistance. The jacket is fully lined with 100 percent polyester woven fabric. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule.

The pullover jacket has long sleeves with rib knit cuffs, a rib knit V-neckline, and a rib knit bottom. The jacket has two on-seam side pockets.

The submitted sample will be returned under separate cover.

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 rate of duty 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 rate of duty will be 28.6 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of either Taiwan or China are subject to quota and the requirement 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. 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.


Thomas S. Winkowski
Port Director

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