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NY 814509




October 2, 1995

CLA-2-62:R:N5:357 814509

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street,
34th Floor
New York, N.Y. 10004

RE: The tariff classification of two woman's "Body Umbrella" jackets from the People's Republic of China, Hong Kong or Taiwan

Dear Mr. Peterson:

In your letter dated August 31, 1995, on behalf of your client Totes, Inc., you requested a classification ruling.

Two sample garments of the Totes "Body Umbrella" were submitted for our examination. The "Body Umbrella" garments are constructed of a woven 100% nylon fabric which you state has been treated with a 600mm acrylic coating rendering them water resistant.

The coating is not "visible" as that term is defined in the tariff, therefore HTS 6210 does not apply.

Both "Body Umbrella" garments are one-size-fits-all, loose fitting jackets which have long sleeves, are thigh-length and are designed to be worn over other garments. The garments feature an integral self-fabric hood and have a full front opening secured by two snaps. The snap closures fasten right over left and are located at the neckline. There are two side seam vents at the bottom hem. The "Body Umbrella" garment will be imported with a clear polyvinyl chloride tubular shaped umbrella-style carrying case which has a zipper closure, a plastic carrying handle and comes in two lengths: approximately 15-1/2 inches and 9-1/4 inches.

The cases are classifiable with their contents.

If the "Body Umbrella" garments pass 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 garments 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 "Body Umbrella" garments do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3 percent ad valorem.

The garments fall within textile category designation 635. Based upon international textile trade agreements products of Hong Kong, the People's Republic of China and Taiwan 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist William Raftery at 212- 466-5851.

Sincerely,

Roger J. Silvestri
Director

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