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NY 850851


APR 23 1990

CLA-2-62:S:N:N3I:357 850851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, NY 10004

RE: The tariff classification of a woman's reversible jacket from Hong Kong or Singapore.

Dear Ms. Shira:

In your letter dated March 22, 1990, on behalf of your client, Foreign Resources Corp., you requested a tariff classification ruling.

The sample submitted, style number 37011, is a woman's upper-thigh length reversible jacket. One side of the jacket is constructed from a finely knit fleece fabric. The other side is constructed from a woven 100 percent polyester fabric which you state is coated with acrylic plastic rendering the garment water resistant.

The coating on the jacket is not separately visible, therefore HTS 6210 does not apply.

The garment has a full front opening secured by five metal snaps, rib-knit sleeve cuffs and a rib-knit waistband with a drawstring. On the knit fleece side of the jacket there are two front slash pockets and a neck- warmer collar. On the woven polyester side of the jacket there are two side seam pockets and a stand-up collar with a drawstring.

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 6202.93.4500, which provides for other women'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 HTS subheading for the garment will be 6202.93.5010 which provides for other women'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 635. Based upon international textile trade agreements, products of Hong Kong are not presently subject to quota restraints but a visa is required. Singapore is presently 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 (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

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