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NY 817314




December 27, 1995

CLA-2-62:RR:NC:WA:357 817314

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Michele R. Markowitz
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of three women's jackets from Sri Lanka and Hong Kong

Dear Ms. Markowitz:

In your letter dated December 13, 1995, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

Three samples were submitted as follows: Style 31512/91514 is a women's jacket constructed of a woven outershell composed of a 100% polyester faux silk fabric. Styles 91705/31301 and 91706/91707/31303 are two women's jackets constructed of an outershell composed of a woven 100% polyester microfiber fabric. Each jacket is lined with a woven 190T 100% nylon fabric which you state is coated with 600mm polyurethane rendering the jackets water resistant.

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

Style number 31512/91514 has an integral hood and a full front opening secured by five button fasteners. The garment has free hanging front and back yokes, a drawstring tightening at the waist, fold-over sleeve cuffs and two slanted front pockets located below the waist. There is no tightening element at the bottom hem.

Style number 91705/31301 has an integral hood with a drawcord fastening and a full front opening secured by a zipper closure. An overlapping flap with three buttons covers the zipper area. The garment has a drawcord tightening at the waist and at the bottom hem. There are two slanted chest pockets and two double entry front pockets with a buttoned flap closure located below the waist. The sleeve cuffs are partially elasticized and feature a buttoned tab.

Style 91706/91707/31303 features a detachable hood with a drawcord tightening. The hood is held to the jacket by five button fasteners. The jacket has a full front opening secured by a zipper closure which extends to the top of the garment's collar. There is a drawcord fastening at the waist and at the bottom hem, two double entry front pockets located below the waist and elasticized sleeve cuffs.

If the jackets 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. The duty rate for 1996 will be 7.5 percent ad valorem.

If the jackets 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 duty rate for 1996 will be 29.1 percent ad valorem.

The jackets fall within textile category designation 635. Based upon international textile trade agreements products of Sri Lanka and Hong Kong 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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