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NY A87753




October 4, 1996

CLA-2-62:RR:NC:WA:357 A87753

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Chris Garcia
Kuehne & Nagel, Inc.
8870 Boggy Creek Rd.
Suite 100
Orlando, FL 32824

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

Dear Mr. Garcia:

In your letter dated September 11, 1996, on behalf of Ron Jon Surf Shop of Florida, Inc., you requested a classification ruling.

The sample submitted, style number RJ100, is a woman's windbreaker-type jacket constructed of a woven 100% nylon fabric which you state is coated with 600mm acrylic rendering the garment water resistant.

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

The jacket has a full front opening secured by a zipper closure that extends to the top of the garment's collar. The jacket features two front pockets at the waist and the sleeve cuffs and waistband are elasticized. Embroidered onto the left chest is the trade name "Ron Jon Surf Shop".

The sample is being returned to you.

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 Hong Kong 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

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