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NY 857997


DEC 04 1990

CLA-2-62:S:N:N3I:357 857997

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Jeanne O'Connor
Gladish & Associates
1511 Third Avenue
8th Floor
Seattle, WA 98101

RE: The tariff classification of a woman's jacket from Hong Kong

Dear Ms. O'Connor:

In your letter dated November 8, 1990, on behalf of Serac, you requested a classification ruling.

The sample submitted, style number 1773, is a woman's jacket. The jacket is constructed of a woven 100% nylon fabric shell which you state is coated on the inner surface with 600mm polyurethane.

The coating does not change the character surface of the garment, therefore HTS 6210 does not apply.

The jacket has a full front opening with a heavy-duty zipper closure that extends to the top of the collar. Two overlapping flaps secured by snaps, one on the top of the jacket and one on the bottom, cover the zipper area. A detachable hood is secured to the jacket by four snaps. The hood has a two-snap front closure at the neck and features imitation fur ruff composed of a 100% acrylic. There are two zippered front pockets below the waist, one zippered inner pocket and two chest pockets. The left chest pocket has leather trim and a zipper closure. The right chest pocket has a flap with a v- shaped leather insert and a "VELCRO"-type fastener. A drawcord with plastic cord stoppers is at the waist. At the top of each sleeve there are three v-shaped leather inserts.

The sample is being returned to you as you have requested.

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 duty rate 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 duty rate 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 categories 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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