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NY B80001




December 9, 1996

CLA-2-62:PD:C:I21 PD B80001

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Mrs. Gail T. Cumins
Sharretts, Paley, Carter
& Blauvelt, P.C.
Sixty-seven Broad Street
New York, NY 10004

RE: The tariff classification of women's jackets from Qatar

Dear Mrs. Cumins:

In your letter dated November 26, 1996, you requested a tariff classification ruling on behalf of Fashion Resources Corporation (FRC). The samples will be returned as requested.

Five samples of women's woven nylon jackets and carrying cases were submitted: 83500, 83510, 83502, 83501 and 83509. The jackets have been treated with a plastic coating which renders them water resistant. Except for style 83500, all jacket hoods are lined with woven man-made fabric.

Style 83500/83506/83507/83508 is a long sleeve 210T nylon jacket with a hood lined with knit fabric and a drawstring closure. The garment features a full frontal opening, with zipper closure and elasticized cuffs and bottom. There are two side seam pockets below the waist and a drawstring pouch of the same fabric which is attached by a plastic D-ring below the right pocket. A logo patch is sewn onto the right sleeve. You advise that style 83506 differs from style 83500 in that the shell fabric is a coated rip stop nylon with an unlined hood; style 83507 differs from style 83500 in that the hood is unlined; and style 83508 differs from style 83500 in that it contains different trim.

Style 83510 is a woman's 210T nylon long sleeve jacket with a hood and a drawstring closure. The garment features a full frontal opening with zipper closure, a drawstring bottom and two slash pockets. There is a non-adjustable tab on each sleeve. A drawstring pouch of the same fabric is attached by a plastic D-ring below the right pocket.

Style 83502/63500 is a woman's rip stop nylon long sleeve jacket with a hood and a drawstring closure. The garment features a full frontal opening with zipper closure, elasticized cuffs and bottom and two side seam pockets. The left pocket has a zipper and the garment may be packed into the zippered pocket.

Style 83501/63501/83511 is a women' long sleeve 210T long sleeve jacket with a hood and a drawstring closure. The garment features a full frontal opening with zipper closure, a drawstring bottom, two slash pockets and non-adjustable sleeve tabs. A drawstring pouch of the same fabric is attached to the zipper pull. The pouch is designed with an additional cord that goes through two grommets for carrying the packed jacket over one's shoulders. You advise that in style 83501, the hood is lined while in style 83511 there is no lining for the hood and that style 63501 is identical to style 83501 except that it comes in plus sizes.

Style 83509 is a woman's 201T nylon long sleeve jacket with a hood. The garment features a full frontal opening with zipper closure, elasticized cuffs and bottom, and two side-seam pockets. A drawstring pouch of the same fabric is attached to the zipper pull. The pouch has additional cords for carrying the packed jacket over one's shoulders.

Each jacket and carry bag is a composite good as that term is defined in the HTS. Classification is based on which portion provides the essential character. In this case, it is the garment. Style number 83502 does not have a carry bag attached. This garment may be folded and packet into it's left zippered pocket.

If each jacket passes the water resistance test, the applicable subheading will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets, other than those of heading 6204: anoraks including ski-jackets), windbreakers: of man-made fibers: other: water resistant. The rate of duty will be 7.5 percent ad valorem. If the jackets do not pass the water resistance test, the applicable subheading will be anoraks...of man-made fibers: other: other: other: women's. The rate of duty will be 29.1 percent ad valorem.

The jackets fall within textile category designation 635. Based upon international textile trade agreements, products of Qatar are subject to quota 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.

Sincerely,

E. Julian Miller
Port Director

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