HQ 087378: Classification of certain men's jackets; Reconsideration of NYRL 848629 of February 8, 1990

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087378

                       September 18, 1990


CLA-2 CO:R:C:G  087378  CMR  852789

CATEGORY: Classification

TARIFF NO.: 6201.93.3000, 6201.93.3510

Mr. Basil Lindsay
RRF Industries, Inc.
34 West 33rd St.
New York, New York 10001

RE: Classification of certain men's jackets; Reconsideration of
    NYRL 848629 of February 8, 1990

Dear Mr. Lindsay:

     This ruling is in response to your letter of April 9, 1990,
informing the Area Director of Customs that an error was made in
stating the fiber content of the outershell material of the
garments submitted by you for classification in NYRL 848629.

FACTS:

     Three jackets from Korea were classified in NYRL 848629 of
February 8, 1990, in subheading 6201.91.2010, HTSUSA.  This
subheading provides for other men's anoraks, windbreakers and
similar articles of wool.  Two of the jackets were incorrectly
classified due to an error in the submission requesting the
ruling.  You incorrectly stated the woven outershells of the
garments were in chief weight wool instead of in chief weight
man-made fibers.  Additionally, an error was made in designating
one of the jackets as style 6091.  It is actually style 6071.

ISSUE:

     Should NYRL 848629 be modified?

LAW AND ANALYSIS:

     NYRL 848629 based its classification of the garments at
issue on erroneous information as to the fiber content of the
outershell fabrics.  Now that this error has been brought to
Customs attention, we will issue a new ruling on the
classification of the two jackets at issue to reflect the correct

                               -2-


fiber content.  We will not modify NYRL 848629 as the ruling is
correct based on the information submitted at the time of the
request.

HOLDING:

     Based on the information provided to Customs regarding the
fiber content of the outershells of styles 6061 and 6071, the
garments at issue are classified as follows.  If meeting the
water resistance requirements of U.S. Note 2, Chapter 62, the
garments are classifiable in subheading 6201.93.3000, HTSUSA,
textile category 634, dutiable at 7.6 percent ad valorem, under
the provision for other men's or boys' anoraks, windbreakers and
similar articles of man-made fibers, water resistant.  If the
garments fail to meet the requirements of U.S. Note 2, Chapter
62, they are classifiable in 6201.93.3510, HTSUSA, textile
category 634, dutiable at 29.5 percent ad valorem, under the
provision for other men's anoraks, windbreakers and similar
articles of man-made fibers.

     The designated textile and apparel category may be
subdivided into parts.  If so, the 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 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 updated weekly and
is available for inspection at your local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division