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NY 861225


APR 04 1991

CLA-2-62:S:N:N3I:357 861225

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

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

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

Dear Ms. Dugan:

In your letter dated March 6, 1991, you requested a classification ruling.

The submitted sample for style numbers 1307 and 1687 is a woman's jacket constructed of a woven shell composed of contrasting colored inserts of a 100% crinkle nylon fabric which is stated to have a silicone application rendering the garment water resistant. The jacket has a woven 100% nylon fabric lining and a quilted non-woven polyfill.

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

The jacket has a double stand-up collar and a full front opening with a heavy-duty zipper closure that extends to the top of the jacket's inner collar. The garment's outer collar is secured by a snap tab. There are two front pockets with side openings at the waist. The sleeve cuffs and waistband are elasticized.

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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