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NY J88880

October 17, 2003

CLA-2-62:RR:NC:WA:357 J88880


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, New York 11434

RE: The tariff classification of a man’s jacket from China or Korea

Dear Ms. Pinter:

This letter replaces the ruling letter we sent to you under file number J86883. The purpose of this replacement letter is to amend the classification of a man’s jacket that did not have the correct lining. You have now submitted a sample of the jacket with a coated lining that extends from edge to edge on each side of the front opening. A corrected letter follows.

In your letter dated July 24, 2003, on behalf of Excelled Leather Coat Corporation, you requested a classification ruling.

The sample submitted, style number 8110, “Planet Hollywood Varsity Jacket”, is a man’s hip-length jacket constructed of a shell with a body composed of a woven 70% acrylic/30% wool fabric and leather sleeves. The jacket is lined in the body with a woven 100% polyester fabric that has a polyurethane coating and is quilted in a diamond pattern to a nonwoven polyester batting fill. The sleeves are lined with a woven 100% nylon fabric that has a a polyurethane coating and a nonwoven polyester batting fill.

The jacket has a neck warmer collar composed of a ribbed-knit fabric, a full front opening secured by a left-over-right, six-snap closure, two front slash pockets trimmed with leather at the waist area, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. A leather patch with the “Planet Hollywood” trademark and logo and the word “Orlando” below it is located on the left chest and on the rear panel.

The sample is being returned to you as you have requested.

This garment is eligible for classification as water resistant. 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 or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 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 27.9 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China or Korea 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3047.


Robert B. Swierupski

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