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NY G82583

October 19, 2000

CLA-2-62:RR:NC:WA:357 G82583


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Ruth Hayd
Kohl's Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of two men's jackets from Macau

Dear Ms. Hayd:

In your letter dated September 28, 2000, you requested a classification ruling.

Two samples were submitted as follows: Style numbers AW4303 and AW4312 are two men's hip-length jackets. Each jacket is constructed of an outershell that is composed of a woven 100% nylon fabric which has a 600mm acrylic coating. Each jacket is lined in the upper body with a knit 65% polyester/35% cotton fabric, in the lower body and hood with a 100% polyester mesh fabric and in the sleeves with a woven 100% nylon fabric.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

Each jacket has an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure. Each jacket also has long sleeves with elasticized cuffs, two front pockets with zipper closures at the waist and a straight cut bottom hem.

The samples are being returned to you as you have requested.

Each garment is eligible for classification as water resistant. 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, then the applicable HTS subheading for the garments 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 7.3 percent ad valorem.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments 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 28.4 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of Macau are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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.


Robert B. Swierupski

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