CLA-2-61:S:N:N3-I:356 852871

Mr. Michael P. Maxwell
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017

RE: The tariff classification of a men's and boy's knit jacket from Korea.

Dear Mr. Maxwell:

In your letter dated May 18, 1990, you requested a tariff classification ruling and a country of origin marking determination on behalf of E.S. Originals Inc.

The subject sample, Style No. F0005, is a man's long sleeved jacket which is constructed from both knit and woven fabric. The garment features a full front, zippered opening; a convertible collar; and elasticized rib knit cuffs and waistband. The knit portions of the garment are constructed from 65 percent polyester, 35 percent cotton, finely knit fabric which is napped on the inside surface. The woven portions of the garment are constructed from 65 percent polyester, 35 percent cotton woven sheeting. Your letter states that the garment will be manufactured in men's sizes small, medium, large, and extra-large and boy's sizes 8 through 20.

The visible knit portions of the jacket consist of the entire back panel; the right sleeve with the exception of a two and one- half inch wide woven fabric portion on the upper arm; the entire left sleeve; the lower portion of each front panel; and two horizontal strips of fabric on the upper left front. The woven portions of the garment consist of the convertible collar; a two and one-half inch wide portion on the upper right arm; and the upper portion of each front panel except for two horizontal knit strips on the left front panel.

You have indicated in your correspondence that an Olympic logo displaying five interlocking hoops, a stylized flame and the letters "USA" will be affixed to the left front panel of the garment. Without further documentation regarding the trademark status of this logo, we are unable to respond to your request as to the acceptability of the country of origin marking of this garment. You should submit a sample of the garment and information concerning the trademark status of the logo used, and any supporting documentation to:

Headquarters, U.S. Customs Service Office of Regulations and Rulings Entry, Licensing & Restricted Merchandise Branch 1301 Constitution Avenue, N.W. Washington, D.C. 20229-0001

Consequently, the present ruling will be limited solely to the tariff classification of the instant garment.

Your sample will be returned as requested.

The applicable subheading for the jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 30 percent ad valorem.

This garment falls within textile category designation 634. Based upon international textile trade agreements, products of Korea are subject to visa requirements and quota restraints.

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 sub- ject 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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport