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NY 892314




DECEMBER 2, 1993

CLA-2-62:S:N:N5:357 892314

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt
Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman's jacket from Malaysia, the Dominican Republic or Hong Kong

Dear Ms. Shira:

In your letter dated November 10, 1993, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

The sample submitted, style number 97600/37700, is a woman's hip-length reversible jacket. One side of the jacket is constructed of a knit 75% polyester/13% rayon/12% cotton fleece fabric. The other side is constructed of a woven crinkle trilobal 100% nylon fabric which is stated to be coated with 600mm polyurethane rendering the garment water resistant.

The coating on the garment does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The jacket has a full front opening secured on both sides by six metal snap closures and a "VELCRO"-type fastener at the bottom hem. There is a drawcord tightening at the collar and at the waist. The sleeve cuffs are composed of a ribbed-knit fabric. On both the woven and knit side of the jacket there are two front slash pockets above the waist and two side seam pockets below the waist.

The sample is being returned to you as you have 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, then the applicable HTS subheading for the garment 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 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment 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 29.5 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Malaysia are presently subject to quota restraints and the requirement of a visa. Products of the Dominican Republic and Hong Kong are not presently subject to quota restraints but a visa is required.

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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