The tariff classification of two men's windbreaker-type jackets fromKorea

NY C89004 June 23, 1998 CLA-2-62:RR:NC:WA:357 C89004 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Mr. Lou Piropato Daniel F. Young, Inc. 17 Battery Place New York, N.Y. 10004-1101 RE: The tariff classification of two men's windbreaker-type jackets from Korea Dear Mr. Piropato: In your letter dated June 11, 1998, on behalf of Rothco, division of Morris Rothenberg & Son, Inc., you requested a classification ruling. Two samples were submitted as follows: Item number 7642 and item number 7648 are two men's hip-length windbreaker-type jackets constructed of a woven 100% nylon taffeta fabric. Item number 7642 is unlined and item number 7648 is lined with a polyester fabric. In a phone conversation you stated that each jacket has a polyurethane coating for water resistance. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. Each jacket has a pointed collar and a full front opening secured by five left-over-right snap closures. Each garment has two front pockets at the waist, long sleeves with elasticized sleeve cuffs and a drawcord tightening through the bottom hem. Item number 7642 features the word "Police" in white letters across the back panel. Item number 7648 features the word "Security" in white letters across the back panel. 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 Korea 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