The tariff classification of two men's jackets from India or Indonesia

NY C83733 February 11, 1998 CLA-2-62:RR:NC:WA:357 C83733 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Mr. Charles Graft Stone Fashion Inc. 313 W 4th Street New York, N.Y. 10014 RE: The tariff classification of two men's jackets from India or Indonesia Dear Mr. Graft: In your letter received in this office January 23, 1998, you requested a classification ruling. Two samples were submitted as follows: Article number MB 023482 is a man's thigh-length jacket constructed of an outer- shell composed of a woven 65% polyester/35% cotton fabric which you state has a "teflon" coating and an acrylic coating on the inner surface. The garment is lined in the front panels and in the upper portion of the back panel with a woven 65% polyester/ 35% cotton fabric and in the sleeves with a 100% polyester taffeta fabric. The jacket features a full front zipper opening which extends to the top of the garment's collar. An overlapping flap with five left-over-right button closures covers the zipper area. The garment has two chest pockets. The left chest pocket is secured by a flap with a "VELCRO"-type fastener and the right chest pocket which features a double entry is secured on the side by a zipper. There is an inner drawcord tightening at the waist, two double entry front pockets secured by flaps with a button closure below the waist and a button closure on the sleeve cuffs. The sample article number MB 031082 is a man's hip-length jacket constructed of an outershell composed of a woven 60% polyester/40% nylon microfiber peach fabric which you state has an acrylic coating on the inner surface. The garment is lined in the front panels and on the upper portion of the back panel with a woven 65% polyester/35% cotton fabric and in the sleeves with a 100% polyester taffeta fabric. The jacket features a full front opening secured by a zipper closure. An overlapping flap with three left-over-right snap closures covers the zipper area. The garment has two slanted front pockets with decorative zippers and an inner pocket with a button closure. The waistband is elasticized on each side and there is a snap closure on the sleeve cuffs. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The samples are being returned to you. If each 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 each 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 7.4 percent ad valorem. If each jacket does not pass the water resistance test, then the applicable HTS subheading for each 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 28.8 percent ad valorem. Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of India or Indonesia are presently subject to quota restraints and the requirement of a visa. 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. 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 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 212-466-5851. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division