NY 851918
MAY 23 1990
CLA-2-62:S:N:N3I:357 851918
Ms. Kris Chapple
Charles M. Schayer & Co.
3839 Newport Street
P.O. Box 38367
Denver, CO 80238
RE: The tariff classification of a man's pullover jacket from
Hong Kong.
Dear Ms. Chapple:
In your letter received in this office April 26, 1990, on
behalf of Sport Obermeyer Ltd., you requested a tariff
classification ruling.
The sample submitted, style number 07250, is a man's
pullover windbreaker-type jacket. The pullover is constructed of
a woven 100 percent nylon fabric which you state is coated with
600mm acrylic.
The garment has a partial front zipper opening at the neck
and elasticized sleeve cuffs. Below the zipper opening there is
a large zippered pouch pocket which features a sewn-on label with
an "OBERMEYER" logo. There is an elastic drawcord with plastic
cord stoppers on the garment's hood and waistband. Below each
armhole there is a mesh insert.
If the 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
the garment will be 6201.93.3000, which provides for other men's
anoraks, windbreakers and similar articles of man-made fibers,
water resistant. The rate of duty will be 7.6 percent ad
valorem.
If the jacket does not pass the water resistance test, then
the applicable subheading for the garment will be 6201.93.3510,
which provides for other men's anoraks, windbreakers and similar
articles of man-made fibers. The rate of duty will be 29.5
percent ad valorem.
The jacket falls within textile category designation 634.
Based upon international textile trade agreements, products of
Hong Kong are not presently subject to quota restraints but a
visa is required.
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 (Restraints 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