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NY 818881



February 29, 1996

CLA-2-62-NO:CO:FNIS:I06

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Ms. Staci J. Alalem
Expeditors International
21318 64th Avenue South
Kent, Washington 98035-1127

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

Dear Ms. Alalem:

In your letter dated February 2, 1996, you requested a classification ruling on behalf of J. C. Penney c/o Queentex Incorporated., wholly owned subsidiary of Fittex Garments Co., Ltd.

The submitted sample, is a women's jacket having an outer shell composed of 100% nylon fabric which is coated on the inner surface with 600mm polyurethane. The jacket also features a lining of 100% nylon woven fabric; a full frontal opening with a heavy duty zipper closure; a pointed collar; a detachable collar of pile fabric; long sleeves with rib knit cuffs; a rear yoke, which also covers the shoulders, composed of 100% pvc; a primarily rib knit bottom; and waist length. There are also three pockets on each chest placed one on top of the other. The pockets include an inserted welt pocket with a zipper closure, a side entry pocket, and a patch pocket with a flap having a snap closure. Per your request, your sample is returned herewith.

If the jacket passes the water resistance test specified in Additional U.S. Note 2 to Chapter 62, Harmonized Tariff Schedule of the United States (HTS), the applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets); of man-made fibers; other; other; other; water resistant. The duty rate will be 7.5% ad valorem.

If the jacket doe not pass the water resistance test specified in Additional U.S. Note 2 to Chapter 62, Harmonized Tariff Schedule of the United States (HTS), the applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets); of man-made fibers; other; other; other; other; women's. The duty rate will be 29.1% ad valorem.

The jacket falls within textile category designation 635. As a product of Hong Kong, this merchandise is subject to visa requirements and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 Part 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,

Garland J. Ruiz

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