The tariff classification of a man's pullover jacket from the Philippines

NY B88789 September 8, 1997 CLA-2-62:RR:NC:WA:357 B88789 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511 Mr. David J. Evan Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue 33rd Floor New York, N.Y. 10167-3397 RE: The tariff classification of a man's pullover jacket from the Philippines Dear Mr. Evan: In your letter dated August 19, 1977, on behalf of your client, Tommy Hilfiger U.S.A., Inc., you requested a classification ruling. The sample submitted, style number G/578, is a man's pullover jacket constructed of a woven 100% nylon fabric. The jacket is fully lined with a woven nylon fabric which you state is coated with 600mm polyurethane rendering the garment water resistant. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a crew neck collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric sleeve cuffs and a ribbed-knit fabric waistband. There is a pocket on the left chest which is secured by a flap with a snap closure and a locker loop on the back yoke which features the "Tommy Hilfiger" trade name. The sample is being returned to you as you have requested. 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 duty rate will be 7.4 percent ad valorem. If the jacket does not pass the water resistance test, then the applicable HTS subheading for the 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 29 percent ad valorem. The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines 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, Paul K. Schwartz Chief, Textiles & Apparel Branch National Commodity Specialist Division