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NY B84809





May 15, 1997

CLA-2-62:CO:CH:DGD IO5 B84809

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Ms. Debi Kline
Family Dollar Stores, Inc.
10401 Old Monroe Road
Mathews, NC 28105

RE: The tariff classification of a women's nylon jacket from Indonesia

Dear Ms. Kline:

In your letter dated April 21, 1997 you requested a tariff classification ruling.

The submitted sample, style 8172, is manufactured for women with a shell of 100% nylon woven fabric which has a 600 mm polyurethane coating. The jacket features a v-neckline with ribbed knit trim; long sleeves with rib knitted cuffs; a pouch pocket with dual entry and a ribbed knit waistband.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note 2 to Chapter 62 HTS, will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS) which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: women's. The duty rate will be 29%.

Style 8172 falls within textile category designation 635. Based upon international textile trade agreements, products of Indonesia 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 Section 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,

Kevin Weeks
Port Director

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