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NY 858869


JAN 07 1991

CLA-2-62:S:N:N3I:357 858869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6102.30.2010

Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, N.Y. 10018

RE: The tariff classification of a woman's knit and woven double
jacket from Hong Kong

Dear Ms. Dugan:

In your letter dated December 11, 1990, you requested a classification ruling.

The sample submitted, style number 1837, is a woman's two- piece jacket set. The two-piece jacket consists of a woven hip- length jacket and a knit hip-length jacket which can be zippered together along the front edges so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as separate garments.

The woven jacket is constructed of a 100% nylon fabric shell which you state is coated with polyurethane rendering the garment water resistant. The knit jacket is constructed of a 100% spun polyester polar fleece fabric.

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

The woven jacket has a full front opening with a heavy- duty zipper closure as well as a secondary zipper for attaching the knit jacket. There is an overlapping flap with seven snaps covering the zipper area. The garment features two zippered front pockets at the waist, sleeve cuffs with adjustable "VELCRO"-type fasteners and a partially elasticized waistband.

The knit jacket has a full front opening with a heavy-duty zipper closure. The sleeve cuffs and waistband are composed of a ribbed-knit fabric. There are two front slash pockets at the waist.

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

If the woven nylon 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 woven nylon 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 applicable subheading for the knit jacket will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, knitted or crocheted, of man-made fibers. The duty rate will be 30 percent ad valorem.

The woven jacket and the knit jacket 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 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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