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NY 850861


Apr 16 1990

CLA-2-62:S:N:N3I:357 850861

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6202.93.4500; 6202.93.5010

Mr. William Newman
The Newman Importing Company, Inc.
5500 W. Jefferson Blvd.
Los Angeles, California 90016

RE: The tariff classification of a unisex jacket from Thailand.

Dear Mr. Newman:

In your letter dated March 19, 1990, you requested a tariff classification ruling.

The sample submitted is a lined unisex jacket. The jacket is constructed of a 100% nylon taslan washer WR shell which is stated to be coated with a 400mm acrylic coating.

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

The jacket has a stand-up collar and a full front opening with a heavy-duty zipper closure. The garment features two side seam pockets secured by "VELCRO"-type fasteners and elasticized sleeve cuffs and waistband.

If the garment is sold to both men and women and cannot be identified as exclusively men's or boys', then the applicable classification for the garment will be in the HTS subheading covering women's or girl's garments.

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, windbreak- ers 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 Thailand 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 (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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