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NY 877294




AUGUST 24, 1992

CLA-2-62:S:N:N3I:357 877294

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6204.63.3000; 6204.63.3510

Mr. Marc A. Babins
Southern Trading Company, Inc.
404 Lakeside Drive
Southampton, Pennsylvania 18966

RE: The tariff classification of a woman's jacket and pair of trousers from Thailand

Dear Mr. Babins:

In your letter dated August 11, 1992, you requested a classification ruling.

Two samples were submitted as follows: Style number 864 is a woman's hip-length jacket. Style number 865 is a woman's pair of trousers. Both garments are constructed of an outershell composed of a microfiber polyester fabric which you state has a "Durepell Plus" water resistant coating. You indicate that "Durepell Plus" is a combination of a microporous coating applied to the underside of the fabric shell and a Durepell water repellent finish applied to the face of the fabric. The jacket has a nylon fabric mesh body lining and a solid nylon fabric in the sleeves. The trousers are lined with a woven nylon fabric.

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

The jacket has a full front opening secured by a heavy-duty zipper which extends to the top of the collar. The garment's free-hanging back yoke covers a mesh lining. There are two zippered front pockets at the waist. The sleeve cuffs are elasticized. An elasticized drawcord with plastic cord stoppers is through the bottom hem.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. Each ankle cuff is elasticized and has 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 garments 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 and 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 Thailand 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
New York Seaport

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