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NY 851952


MAY 24 1990

CLA-2-62:S:N:N3I:357 851952

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, N.Y. 10004

RE: The tariff classification of two women's jackets from Hong Kong.

Dear Ms. Shira:

In your letter dated April 23, 1990, on behalf of your client, Foreign Resources Corp., you requested a tariff classification ruling.
The samples submitted, style numbers 87096 and 87097, are two women's hip-length jackets. The shell of each jacket is constructed of a woven 65% polyester/35% cotton sheeting fabric. Each jacket has a 100% nylon fabric lining which you state is coated with polyurethane rendering the garments water resistant.

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

Style 87096 has a full front opening with a heavy-duty zipper closure and an overlapping flap secured by four metal snaps covering the zipper area. There are two front pockets, a drawstring tightening on the collar, a partially elasticized waistband and elasticized sleeve cuffs. On the back of the garment there is an inverted pleat with a contrasting colored fabric insert.

Style 87097 has a double collar. The inner collar features three snap tabs which attach to the outer collar. There is a full front opening with a heavy-duty zipper closure and an overlapping flap secured by two snaps covering the zipper area. The jacket's waistband is elasticized. The two front pockets located at the waist have a drawstring.

The samples are being returned to you as you have requested.

If the jackets pass 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6202.93.5010 which provides for the other women's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The jackets fall 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.

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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