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NY 858837


JAN 08 1991

CLA-2-62:S:N:N3I:357 858837

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Susan Stempko
Perfect Petite Coat Company, Inc.
500 Seventh Avenue
New York, N.Y. 10018

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

Dear Ms. Stempko:

In your letter dated December 13, 1990, you requested a classification ruling.

The sample submitted, style number 1446, is a woman's jacket. The jacket is constructed of a shell composed of a woven iridescent 51% nylon/ 49% polyester fabric which you state is treated with Zepel. The garment has a quilted 100% acetate satin fabric lining and a non- woven 100% polyester filler.

The treatment on the jacket is not a coating for tariff purposes, therefore HTS 6210 does not apply.

The jacket has a full front opening with a heavy-duty zipper closure and an overlapping flap secured by two snaps covering the zipper area. There is a detachable hood secured to the jacket by five buttons. The hood features a fur ruff and a drawstring tightening. The garment has two zippered chest pockets covered by an overlay strip of fabric, two front pockets below the waist, a drawstring through the bottom hem and a snap closure on each sleeve cuff.

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. 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 Korea are presently subject to quota restraints and the requirement of a visa.

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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