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NY 83587





May 17, 1996

CLA-2-62:357:I07:H:CO:CII EA

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510

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

RE: The tariff classification of women's woven jackets and trousers of synthetic fibers from Qatar

Dear Ms. Markowitz:

In your letter dated May 3, 1996, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

Styles 18401 and 18403 are women's woven 100% polyester jackets with trousers which are fully lined with 100% nylon woven fabric coated with polyurethane which you claim renders the garments water resistant. The trousers of both styles feature elasticized waistbands with tunnel drawstrings; onseam pockets; and hemmed leg openings.

The hip length jacket of style 18401 features long sleeves with elasticized cuffs; a full frontal opening with 4-button double breasted closure; a deep V-neck; a contrasting colored shawl collar; a rear yoke; shoulder pads; a tunnel drawstring with toggle at the waist; slant pockets below the waist; and a hemmed bottom.

The jacket of style 18403 is hip length and features long sleeves with buttoned cuffs; a full frontal opening with heavy zipper closure; a storm flap with 3-button closure; a hood with drawstring and toggle; mock chest pockets with buttoned flaps; a tunnel drawstring at the waist with toggle closure; oversized patch pockets below the waist with buttoned flaps; shoulder pads; a rear hanging yoke secured by two buttons; and a hemmed bottom.

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, the applicable subheading for the garments will be 6202.93.4500, which provides for women's or girls' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The duty rate will be 7.5 percent ad valorem.

If the jackets do not pass the water resistance test, the applicable subheading for the garments will be 6202.93.5011, which provides for women's or girls' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other, women's. The duty rate will be 29.1 percent ad valorem.

If the trousers pass the water resistance test, the applicable subheading for the garments will be 6204.63.3000, which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: water resistant trousers or breeches. The duty rate will be 7.5 percent ad valorem.

If the trousers do not pass the water resistance test, the applicable subheading for the garments will be 6204.63.3510, which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: trousers and breeches: women's. The duty rate will be 30 percent ad valorem.

The jackets fall within textile category designation 635 and the trousers fall within category 648. Based upon international textile trade agreements, products of Qatar are subject to the requirement of a visa.

As requested, the samples will be returned.

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 Part 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.

Sincerely,

Paul Rimmer
Port Director

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