NY 865494: The tariff classification of a ski-type jacket from China orHong Kong

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.

                                  NY 865494
                                  August 21, 1991
                                 


CLA-2-62:S:N:N3:357 865494  

CATEGORY:  Classification

TARIFF NO.: 6201.93.3000; 6201.93.3520  

Mr. William C. Shayne
Soller, Shayne & Horn
46 Trinity Place
New York, N.Y. 10006

RE:  The tariff classification of a ski-type jacket from China or
Hong Kong

Dear Mr. Shayne:

     In your letter dated July 5, 1991, on behalf of Cooper
Sportswear, you requested a classification ruling. A sample
garment was submitted and is being returned as you requested.  

     The item in question, size medium, is a waist-length boys'
jacket with a woven crinkle nylon outershell stated to have a
polyurethane plastics application. It also has a woven lining
quilted to a nonwoven insulation. Other features include an
elasticized waistband and cuffs, a full-front opening with a
zipper extending through the stand-up collar, a storm flap with
hook and loop closures over the zipper and pockets at the waist.

     According to your letter, the jacket has been tested
independently for water resistance.

     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 7.6 percent ad
valorem.

     If the jacket does not pass the water resistance test, then
the applicable HTS subheading for the garment will be
6201.93.3520, which provides for other boys' anoraks,
windbreakers and similar articles of man-made fibers. The duty
rate will be 29.5 percent ad valorem.


     This jacket falls within textile category designation 634.
Based upon international textile trade agreements products of
China are subject to quota restraints and the requirement of a
visa, while products of Hong Kong are subject to a visa
requirement.

     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. Since 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 Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.


                                        Sincerely,
 


                                        Jean F. Maguire
                                        Area Director
                                        New York Seaport