HQ 085816: Apparel; Modification of NYRL 845465, dated August 30, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 085816

                                   December 7, 1989


            CLA-2: CO:R:C:G  085816 DRR  845465

            CATEGORY:  Classification

            TARIFF NO.: 6201.92.2050

            Ms. Lorraine Dugan
            Associated Merchandising Corporation
            50 Terminal Road
            Secausus, New Jersey 07096


            Re:   Apparel; Modification of NYRL 845465,
                  dated August 30, 1989

            Dear Ms. Dugan:

                 This is in further response to your letters of August 18,
            1989, and September 13, 1989, to our New York regional office.
            In your letter of August 18, 1989, you requested a tariff
            classification ruling, under the Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA), for a man's woven
            outerwear jacket.  Our New York office's response to your
            August 18, 1989, request, New York Ruling Letter (NYRL) 845465,
            dated August 30, 1989, classified the garment under subheading
            6201.93.3510, HTSUSA.  In your letter of September 13, 1989, to
            our New York office, you stated that the original ruling
            request contained erroneous information with respect to the
            fiber content of the garment.  You also requested that the
            ruling be revised in light of the fact that the garment is 55
            percent cotton/45 percent polyester, and not 55 percent
            polyester/45 percent cotton chintz, as originally stated.

            FACTS:

                 The merchandise in question consists of a men's
            lightweight jacket with long sleeves, a full front zippered
            opening, epaulets and a stand-up collar, secured by a length of
            fabric which wraps around the collar and fastens with a snap.
            The garment's waistband, sleeve cuffs and pocket trim are
            knitted acrylic.  The outer shell of the garment is 55 percent
            cotton/45 percent polyester.

















                                          -2-

            ISSUE:

                 Whether the merchandise in question is classifiable under
            subheading 6201.93.3510, HTSUSA, or subheading 6201.92.2050,
            HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            determined according to the terms of the headings and any
            relative section or chapter notes.  Subheading 6201.93.3510,
            HTSUSA, provides for men's or boys' overcoats, carcoats, capes,
            cloaks, anoraks..., windbreakers and similar articles of man-
            made fibers, other, men's.  The merchandise in question is more
            specifically provided for under subheading 6201.92.2050,
            HTSUSA, which provides for men's or boys' overcoats, carcoats,
            capes, cloaks, anoraks..., windbreakers and similar articles...
            of cotton, other, men's.

            HOLDING:

                 The jacket in question is classified under subheading
            6201.92.2050, HTSUSA, men's or boys' overcoats, carcoats,
            capes, cloaks, anoraks..., windbreakers and similar articles...
            of cotton, other, men's, with a duty rate of 10 percent ad
            valorem and subject to textile category 334.

                 Pursuant to section 177.9, Customs Regulations, (19 CFR
            177.9 (1989)), copy enclosed, the ruling letter of August 30,
            1989, is modified in conformity with the foregoing.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, the importer should contact the local Customs
            office prior to importation of this merchandise to determine
            the current status of any import restraints or requirements.

                 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.  Since




















                                        - 3 -

            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, 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.

                 Your sample is being returned to you, as requested.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


            Enclosure










































            rimmer library 085816
            6cc:  Area Dire New York Seaport
            DRimmer:za:12/4/89