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NY A87600




October 10, 1996

CLA-2-62:RR:NC:WA:357 A87600

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

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

Dear Ms. Friedman:

In your letter dated September 11, 1996, on behalf of your client, Gallery Direct Services, Ltd., you requested a classification ruling.

The sample submitted, style number 4619, is a woman's jacket constructed of a woven 100% nylon tactel fabric which you state is coated for water resistance.

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

The jacket, which measures approximately 39 inches in length, has an integral hood with a drawcord tightening and a full front opening secured by five snap closures. The garment features two front pockets covered by flaps with snap closures and a drawcord tightening at the waist. It has elasticized sleeve cuffs and is unlined.

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 7.5 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 29.1 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of India are presently subject to quota restraints 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
National Commodity

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