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NY 860623


MAR 14 1991

CLA-2-62:S:N:N3I:357 860623

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6204.63.3000; 6204.63.3510

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of a woman's jacket and trousers from Hong Kong, Taiwan or China

Dear Mr. Wortman:

In your letter dated February 14, 1991, on behalf of your client, E.L.C. Corporation, you requested a classification ruling.

The samples submitted for style number 3123 consists of a woman's jacket and pair of trousers constructed of shells composed from a woven 100% nylon fabric which you state is coated with 600mm polyurethane which renders the garments water resistant. Each garment is lined with a knit jersey 100% polyester fabric.

The coatings on the jacket and trousers do not change the surface character of the garments, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a heavy-duty zipper and a snap tab at the collar. There are two front pockets at the waist. The waistband and sleeve cuffs are elasticized. Contrasting colored fabric inserts are located on the garment's front panels and collar. The inserts on the front panels extend approximately half-way down the front sleeves.

The trousers have an elasticized waistband with two side seam zipper openings. Below the waistband there are two side seam pockets and one right rear pocket. At the bottom of each leg there is elastic and a zipper opening.

The samples are 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.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's water resistant trousers or breeches, of synthetic fibers.
The duty rate will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers or breeches, of synthetic fibers.
The duty rate will be 30.4 percent ad valorem.

The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan or China are presently subject to quota restraints and the requirement of a visa. 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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