NY 862505: The tariff classification of a man's jacket from Hong 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 862505
                                    
                                     May 16, 1991


CLA-2-62:S:N:N3I:357 862505  

CATEGORY:  Classification

TARIFF NO.: 6201.93.3000; 6201.93.3510  

Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, N.Y.  10018

RE:  The tariff classification of a man's jacket from Hong Kong

Dear Ms. Dugan:

     In your letter dated April 15, 1991, you requested a
classification ruling.   

     The sample submitted, style number 360, is a man's woven
100% nylon fabric jacket stated to be coated with 350mm acrylic
which renders the garment water resistant.

     The coating on the jacket does not change the surface
character of the fabric, therefore HTS 6210 does not apply.

     The jacket has a full front opening secured by a heavy-duty
zipper closure.  There is a drawcord with plastic cord stoppers
through the bottom hem, elasticized sleeve cuffs and two zippered
front pockets at the waist.  The free hanging front and back
yokes cover a partial mesh lining.  A roll-up hood with a
drawstring is concealed within the jacket's collar by a zipper.

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

     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 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
6201.93.3510, which provides for other men's anoraks,
windbreakers and similar articles of man-made fibers.  The duty
rate will be 29.5 percent ad valorem.

     The jacket falls within textile category designation 634. 
Based upon international textile trade agreements products of
Hong Kong are not presently subject to quota restraints but a
visa is required.

     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