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NY 890672



October 13, 1993

CLA-2-62:S:N:N5:358 M 890672

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5021

Mr. Marc S. Greenberg
American Shipping Company
600 Sylvan Avenue
P.O. Box 1486
Englewood Cliffs, New Jersey 07632

RE: The tariff classification of a girls' jacket from China.

Dear Mr. Greenberg:

In your letter dated September 13, 1993, on behalf of your client Mercantile International, Inc., you requested a tariff classification ruling. The submitted sample, no style number indicated, is a girl's woven jacket which is constructed of a 100% nylon woven shell and a nylon taffeta lining which, you have stated, is coated with acrylic.

The jacket has a full front zippered opening which extends to the stand-up collar. An additional piece of fabric overlaps the front zipper and snaps at the top and bottom. The jacket also has long sleeves with elasticized cuffs, slash pockets, and an elasticized waist.

You have stated in your letter that the jacket is water resistant because the nylon taffeta lining has been treated to render it waterproof. However, in a telephone conversation with you on September 29, 1993, you stated that the blue material, comprising the balance of the lining which is stitched to the nylon taffeta portion, is not coated, and therefore not waterproof. It is our determination that the jacket cannot be considered water resistant, because the entire shell is not coated.

Your letter does not indicate the size(s) that the item will be imported. We assume, for the purposes of classification that the jacket will be imported for girls' in size range 7-14.

We are returning your sample as you requested.

The applicable subheading for the jacket, will be 6202.93.5021, Harmonized Tariff Schedule of the United States (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 other, girls'. The duty rate will be 29.5% ad valorem.

The jacket fall within textile category designation 635. Based upon international textile trade agreements, products of China are presently subject to visa requirements and quota restraints.

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 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
New York Seaport

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