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NY 872287




APRIL 6, 1992

CLA-2-62:S:N:N3I:357 872287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Christine Cavanaugh
Fritz Companies, Inc.
6805 S. 217th Street
Kent, WA 98032-2400

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

Dear Ms. Cavanaugh:

In your letter dated March 6, 1992, on behalf of Queen A. Limited, you requested a classification ruling.

The sample submitted, style number 002-0003-R, is a woman's jacket constructed of a outershell composed of a woven 65% polyester/35% cotton fabric. The upper portion of the jacket's body lining is composed of a plaid acrylic fabric. The sleeve lining and the lower portion of the body lining is composed of a nylon fabric. The garment is stated to have a plastic coating rendering it water resistant.

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

The jacket has a full front opening with a heavy-duty zipper closure. A storm flap secured by two snaps covers the zipper area. A detachable hood with a drawcord tightening is held to the garment by four buttons. The jacket's collar and inner storm cuffs are composed of a ribbed-knit fabric. There are two slanted front pockets at the waist.

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 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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