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NY 852503


JUN 08 1990

CLA-2-62:S:N:N3I:357 852503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Mr. Richard A. Brann
Marketex Corporation
29 Haines Road, 3rd floor
Bedford Hills, N.Y. 10507

RE: The tariff classification of a unisex jacket from Hong Kong.

Dear Mr. Brann:

In your letter dated May 9, 1990, you requested a tariff classification ruling.

The sample submitted, style (M-32) B421S Purple, is a unisex pullover jacket. The shell of the jacket is constructed of contrasting colored fabric inserts composed of a woven 100% 250T nylon. The jacket also has a 100% 190T nylon lining. You have stated that both the shell and the lining are coated with polyurethane.

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

The jacket has a partial zipper opening with a fabric insert at the neck. There is an attached hood with a drawcord. The hood can be rolled-up and secured by three self-fabric snap tabs. The garment features long sleeves with snap flap pockets, elasticized sleeve cuffs, and inner storm cuffs composed of a ribbed-knit fabric. On the bottom of the jacket there is a drawcord with a plastic cord stopper and a left seam zipper opening. On the front of the jacket there is a hand warmer pocket and a pouch pocket. The pouch pocket is secured by a zipper and a snap flap. The hand warmer pocket features an embroidered logo.

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 girls' 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, 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.

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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