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NY 874773




JUNE 10, 1992

CLA-2-62:S:N:N3I:357 874773

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Ms. Lisa Cordova
Karl Schroff & Associates, Inc.
182-16 149th Road
Jamaica, N.Y. 11413

RE: The tariff classification of a unisex jacket from China

Dear Ms. Cordova:

In your letter dated May 6, 1992, on behalf of Caldwell Equestrian Supply Inc./Eisers, you requested a classification ruling.

The sample submitted, style number 855777/855778 Rocky Mountain "Rain Rider", is a unisex jacket constructed of an outershell composed of a woven 65% polyester/35% cotton fabric. The jacket is stated to have an acrylic coating rendering the garment 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 stand-up collar which features a roll-up hood with a drawcord tightening. The hood is secured within the collar by a zipper. There is full front opening with a heavy- duty zipper closure that extends to the top of the collar. A storm flap with five snaps covers the zipper area. On the front of the jacket on the right chest there is an overlay of fabric secured by a "VELCRO"-type fastener. The overlay fabric covers a pocket with a snap closure. On the left chest there is a diagonally zippered pocket with a pencil pocket on each side. The garment has a zippered inner pocket and an inner drawcord tightening at the waist. Below the waist there are two double entry front pockets secured by a flap with a "VELCRO"-type fastener. On the back of the jacket there is a free-hanging back yoke secured to the garment by a "VELCRO"-type fastener, and two vent openings on the bottom hem are secured by snaps. The sleeves have an elbow patch composed of a woven overlay textile fabric. The sleeve cuffs have leather trim surrounding the edge and a zipper opening.

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 China 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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