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NY A83228




MAY 17, 1996

CLA-2-62:RR:NC:WA:357 A83228

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

Ms. Kim Walton
Kuehne & Nagel, Inc.
Dallas Branch
1104 E. Dallas Road
Suite 100
Grapevine, TX 76051

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

Dear Ms. Walton:

In your letters dated March 5, 1996 and April 29, 1996, on behalf of your customer, Mary Kay Cosmetics, Inc., you requested a classification ruling.

The sample submitted, style number B95208, is a woman's jacket constructed of a woven 100% cotton poplin fabric. In a telephone conversation you stated that the garment has been treated with "silicone plus lurne."

With your letter you submitted a test report from an independent laboratory. The test report indicated that the garment did not pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2.

The jacket features an integral hood with a drawstring tightening, a full front opening secured by five button closures, two front slash pockets at the waist and sleeve cuffs with a one-button closure. On the back panel there is an inverted pleat down the center. The left chest has an embroidered design with the letter "MK" in the middle. The garment has a slightly flared bottom hem.

The garment is being returned to you.

The applicable subheading for the jacket will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman's anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.4 percent ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of 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 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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