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NY 851779

May 7, 1990

CLA-2-61:S:N:N3G:358 851779

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5020

Mr. Mark McDuffee
The McDown Company, Inc.
80 Orville Drive
Bohemia, NY 11716

RE: The tariff classification of children's padded outerwear from China.

Dear Mr. McDuffee:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : April 19, 1990

ON BEHALF OF : C.B. Sports

DESCRIPTION OF
MERCHANDISE : The submitted sample, style 107163, is a unisex, padded outerwear jacket. The shell and lining are nylon. The fill is polyester. The garment has a full front zipper opening with a snap closure that fastens left over right, long sleeves, pockets, flaps at the chest, and an elasticized waistband and sleeve cuffs.
The item will be imported for children in unisex sizes 6 to 18.

You state in your telephone conversation that style 107163 will meet the water resistance standard indicated in Additional U.S. Note 2 to Chapter 62 HTS, as a result of an acrylic coating to the back of the outer shell.

HTS PROVISION : HTS SUBHEADING DUTY RATE CATEGORY

If the shell has the water resistance indicated in Additional U.S. Note 2 Chapter 62 HTS:

6202.93.4500 7.6% 635

If the shell does not have the water resistance indicated in Additional U.S.
Note 2 to Chapter 62 HTS:

6202.93.5020 29.5% 635

IMPORT RESTRAINTS/
REQUIREMENTS : Subject to a visa requirement and quota restraints based upon international textile trade agreements. 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.

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
New York Seaport

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