CLA-2-62:K:TC:B8:I16 B87294

Mr. Jeffrey Walton
Sears, Roebuck and Co.
3333 Beverly Road, BC-204-A
Hoffman Estates, IL 60179

RE: The tariff classification of a man's woven garment from China.

Dear Mr. Walton:

In your letter dated July 3, 1997, you requested a classification ruling.

Style D/641 has been submitted. Style D/641 is a man's jacket constructed from 100% rubber fabric with a 100% polyester knit polar fleece backing. This garment features a full front zipper opening, two front slant pockets below the waist, one inside chest pocket, a hood with a drawstring, elasticized cuffs and a drawstring at the bottom of the garment. As you have requested, the sample garment is being returned. The applicable subheading for style D/641 will be 6113.00.1005, Harmonized Tariff Schedule of the United States Annotated, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric, coats and jackets, men's or boys'. The duty rate will be 6.5% ad valorem.

As a product of China this merchandise is not currently subject to visa or quota requirements based upon international textile trade agreements.

The designated textile and apparel category 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 Part 177 of the Customs Regulations.

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,

John J. Martuge Area Director
JFK Airport