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NY 855233


AUGUST 23 1990

CLA-2-62:S:N:N3I:357 855233

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Mr. Patrick D. Gill
Rode & Qualey
295 Madison Avenue
New York, NY 10017

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

Dear Mr. Gill:

In your letter dated August 8, 1990, on behalf of your client, Prima Sports, Inc., you requested a tariff classification ruling.

Two samples were submitted as follows: Style number 01111 Zermatt is a woman's hip-length jacket. The shell of the jacket is constructed of a woven 100% nylon fabric which you state has been coated with acrylic rendering the garment water resistant. There is a 100% nylon fabric lining and a 100% polyester insulation. The garment has a full front opening with a heavy- duty zipper closure that extends to the top of the collar. There are three zippered front pockets, one zippered inner pocket and elasticized sleeve cuffs. You indicated that the jacket has a self-fabric belt which was unavailable for submission with your ruling request.

Style number 01115 Davos is a woman's waist-length jacket. The shell of the jacket is constructed of a woven 100% nylon fabric which you state has been coated with polyurethane rendering the garment water resistant. The jacket has a full front opening with a heavy-duty zipper closure that extends to the top of the collar. At the bottom of the zipper there is a self-fabric tab with three snaps. The garment has an attached hood with a drawcord and metal cord stoppers, and the garment's collar, sleeve cuffs and waistband are composed of a ribbed knit fabric. There are two zippered front pockets covered by an overlay strip of fabric and a zippered inner pocket.

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

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 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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