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NY 850603


APR 06 1990

CLA-2-62:S:N:N3:357 850603

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of women's outerwear from Korea

Dear Ms. Shira:

In your letter dated March 16, 1990, on behalf of Foreign Resources Corp., you requested a classification ruling. Two samples were submitted and are being returned as you requested.

Both garments, styles 27020 and 27021, are upper-thigh length and have a woven outershell made from a blend of 70% polyester/30% wool tweed fabric. They are fully lined with a woven nylon fabric which has an application of a polyurethane plastics material. According to your letter the plastics application on the lining meets the water resistance requirements in HTS Chapter 62 U.S. Note 2.

Style 27020 has a full-front opening with a six-snap closure, including one at the bottom edge. It also has snap cuffs and slant pockets. The pockets are trimmed with leather as are the shoulders, which feature three strips of leather on each side creating a layered effect.

Style 27021 has a full-front buttoned opening, including two buttons at the bottom edge. It also has a self-fabric hood, slant pockets and knit contrasting cuffs.

Review of these samples indicates that the bottom closures result in a snug fit at the bottom line of each garment. As such, it would be most practical for them to be worn in a bloused manner along the lower part of the hips.

If meeting the water resistance requirements in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for the two garments will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6% ad valorem.

If not meeting the requirements of U.S. Note 2, the applicable subheading for the garments will be 6202.93.5010, HTS, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

These garments fall within textile category designation 635. Based upon international textile trade agreements, products of Korea are subject to quota restraints and a visa requirement.

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 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

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