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NY 899426




July 27, 1994

CLA-2-62:S:N:N5:357 899426

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

Ms. Della Hardin
I.B. Diffusion
Chicago Apparel Center
Suite 170 Lower Arcade
Chicago, IL 60654

RE: The tariff classification of a women's knit and woven jacket from Hong Kong

Dear Ms. Hardin:

In your letter dated June 21, 1994, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The garment in question, style 74176, is a hip-length jacket with a full-front zipper opening, rib knit cuffs, slant pockets at the waist, a pointed collar and a knit binding around both sides of the zipper opening and the bottom hem. The garment has a woven lining and a nonwoven insulating batting.

The shell is composed of both knit and woven portions. The sleeves and the upper portions of the front and back panels are made from a knitted 55% acrylic/45% cotton fabric in a multi- colored pattern, while the remainder is a woven 100% cotton fabric with diamond-shaped embroidery in a contrasting color. According to figures you provided, the surface area is 56% knit and 44% woven and the woven fabric represents approximately 62% of the value. The figures on weight are inconclusive as they are expressed not by component but by fiber.

In your letter you suggested classification based on the knit portion providing the essential character. In our opinion this is not the case; therefore, classification is based on the woven component.

The applicable subheading for the jacket will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's woven anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.5% ad valorem.

This jacket falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong are subject 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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