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NY B85245




May 19, 1997

CLA-2-61,62:S:N:N:HO6 REH

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010, 6210.50.7000

Grunfeld, Desiderio,
Lebowitz & Silverman LLP
245 Park Avenue, 33rd Floor
New York, NY 10167-3397

Attention: David J. Evan

RE: The tariff classification of a two-piece jacket from Hong Kong.

Dear Mr. Evan:

In your letter dated April 23, 1997, you requested a tariff classification on behalf of Pepe Clothing(USA), Inc. The sample provided is being returned as requested.

A "Tommy 2-in-1 Jacket," further identified as style No.5087W, was submitted for our examination. It is a two-piece women's jacket with inner and outer components which can be fastened together by means of zippers along the front openings and snaps at the cuffs, or worn separately. The mid-thigh length outer jacket is made from woven cotton-backed rubber material, and features a full frontal zippered opening. There is a storm flap and neck tab with snap closures, a fold down applied collar, faced with corduroy, and diagonal waist pockets with snap-down flaps. The body of the inner jacket is made from a knit fleece material and the sleeves are a woven man-made quilted fabric. The full frontal opening is secured with snap closures and there is a stand up applied collar and diagonal patch pockets just above the bottom hem. The essential character of the individual components is imparted fabric-backed rubber shell material of the outer jacket and the man-made fleece portion of the inner jacket.

The applicable subheading for the outer jacket portion of the style No.5087W, "Tommy 2-in-1-Jacket," will be 6210.50.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5906, or 5907: Other women's or girls' garments: Other: Having an outer surface impregnated, coated,
covered or laminated with rubber or plastics material which completely obscures the underlying fabric... The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the inner fleece portion of the style No.5087W, "Tommy 2-in-1-Jacket," will be 6102.30.2010, 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, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other... Women's... The rate of duty will be 29.5 percent ad valorem.

The inner fleece jacket falls within textile category designation 635. Based upon international textile trade agreements, products of Hong Kong are subject to visa and quota requirements.

The designated textile and apparel category 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.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Michael D'Ambrosio
Service Port Director

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