CLA-2-62:S:N:N5:357 802361

Mr. Mark S. Rosen
FPA Customs Brokers, Inc.
152-31 134th Avenue
Jamaica, NY 11434-35-5

RE: The tariff classification of two men's shirt-styled jackets from India

Dear Mr. Rosen:

In your letter dated September 19, 1994, on behalf of Elliot & Kastle, you requested a classification ruling. Two samples were submitted. Both are composed of shell fabrics stated to be a blend of 70% wool/30% rayon and other fibers. Style 633-14FL is a pullover with a half-zipper. It has two chest pockets with buttoned flaps, side vents, a leather pointed collar and ribbed knit cuffs. It is unlined and is made from fabric weighing approximately 14.5 ounces per square yard. The fabric is heavily napped.

Style 636-03FL has a full-front opening secured by six metal buttons which close left over right. It has a lining consisting of a woven nylon fabric quilted to polyester filling. This garment also has chest pockets with buttoned flaps, slant pockets at the waist, buttoned cuffs, a curved bottom and a pointed collar. The shell fabric weighs approximately 10 ounces per square yard.

A weight breakdown was provided with your inquiry, but it appears that the weights for the shell fabrics of the two garments were transposed. This reply is based on the weights as found in the samples.

The applicable subheading for the two garments will be 6201.91.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks, windbreakers and similar articles of wool or fine animal hair. The duty rate will be 52.9 cents per kilo plus 21 percent ad valorem.

These jackets fall within textile category designation 434. Based upon international textile trade agreements products of India are subject to 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. 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