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NY 800840





August 15, 1994

CLA-2-62:S:N:N5:357 800840

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.2010; 6210.50.1020

Ms. Kathy Redey
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, Washington 98052

RE: The tariff classification of a woman's rain duster and a woman's jacket from Korea

Dear Ms. Redey:

In your letter dated August 2, 1994, you requested a classification ruling.

Two samples were submitted as follows: Item number 8485 is a woman's rain duster. The garment is constructed of a woven 100% cotton fabric back with a PU face. The PU coating completely obscures the underlying cotton fabric. You state the same garment will be imported under item number 8487 for petite sizes and under item number 8496 for tall sizes.

The duster extends to the ankle in length and has a full front opening secured by a zipper closure. An overlapping flap with a snap closure at the neck covers the zipper area. There is a right front pocket with a flap located at the waist and two front bellow pockets secured by a flap with a snap closure located below the waist.

Item number 8497 is a woman's jacket constructed of a woven 100% nylon fabric outershell visibly coated on the inner surface with resin. You state the same garment will be imported under item number 8529 for petite sizes and under item number 8535 for tall sizes.

The jacket has a full front opening secured by a zipper closure, an integral hood with a drawcord tightening, and a drawcord tightening through the bottom hem. There are two zippered front pockets located at the waist. The sleeve cuffs are elasticized.

The applicable subheading for the rain duster will be 6210.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903 5906 0r 5907: Other garments, of the type described in subheadings 6202.11 to 6202.19: other, having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for the jacket will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other woman's or girls' garments: of man-made fibers, other: anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Korea are presently subject to quota restraints and the requirement of a visa. The duster is not presently subject to quota or 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. 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 Section 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,

Jean F. Maguire
Area Director

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