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PD A83684

June 3, 1996

CLA-2-62 SE:TCP:D I09 A83684

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6202.93.4500, 6202.93.5011

Alexandra M. Stoianovici
Associated Merchandising Corp.
1440 Broadway
New York NY 10018

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

Dear Ms. Stoianovici:

In your letter dated May 10, 1996, you requested a classification ruling.

The submitted sample, style 240MF, is a woman's jacket with an outer shell of 100% polyester microfiber, and a lining of 100% polyester satin. The lining is said to be coated with polyurethane. The coating is not separately visible, therefore heading 6210 does not apply. The jacket reaches the area of mid-thigh, and features a full front zippered opening, inner drawcord at the waist, and two front slash pockets with zippered closures,

Your sample will be returned as requested.

If the jacket passes 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 jacket will be 6202.93.4500, HTS, which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, water-resistant. The duty rate will be 7.5%.

If the jacket does not pass the water resistance test, the applicable subheading for the jacket will be 6202.93.5011, 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. The duty rate will be 29.1%.

Style 240MF falls within textile category designation 635. Based upon international textile trade agreements, products of China are subject to quota and the requirements of a visa.

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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director

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