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NY A85141



July 26, 1996

CLA-2-62:RR:NC:WA:357 A85141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Debbie Carchidi
Wet Seal
64 Fairbanks
Irvine, CA 92718

RE: The tariff classification of two woman's jackets from China

Dear Ms. Carchidi:

In your letter dated July 2, 1996, on behalf of WSCC Buying, Inc., you requested a classification ruling.

The samples submitted, style numbers 609 and 625, are two women's jackets. Each jacket is constructed of an outershell composed of a woven iridescent 100% nylon fabric quilted to 4 ounces of non-woven 100% polyester fill. Both jackets are stated to be coated on the outershell with 100% acrylic rendering the garments water resistant. Style number 609 is lined with a knit 100% polyester double face pile fabric in the body and with a woven 190T 100% nylon fabric in the sleeves. Style number 625 is lined with a woven 190T 100% nylon fabric in the body and sleeves. There is a knit insert composed of a 100% polyester double face pile fabric on the lining's back yoke and under the inner collar.

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

Style number 609 has a stand-up collar, is hip-length and fitted at the waist. The garment features a full front opening secured by a zipper closure that extends to the top of the garment's collar. The jacket has two front slash pockets and an inner pocket.

Style number 625 has a pointed collar, is hip-length and fitted at the waist. The garment features a full front opening secured by a zipper closure that extends to the top of the garment's collar. The garment has two zippered front pockets and a self-fabric tie belt at the waist. The belt is held to the garment by three belt loops.

The samples are being returned to you as you have requested.

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 7.5 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 29.1 percent ad valorem.

Both jackets fall within textile category designation 635. Based upon international textile trade agreements products of China are presently subject to quota 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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