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NY B85813




May 28, 1997

CLA-2-62:PD:C:I21 PD B85813

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated May 16, 1997, you requested a tariff classification ruling on behalf of Liz Claiborne, Inc.

The sample submitted is style #28750630 which is a misses size. You advise that the identical jacket will be imported as style #68750630 in petite sizes. Style #28750630 is a woman's jacket with an outer shell and a detachable lining. The outer shell is composed of 100% nylon woven fabric which has an application of plastics which renders the jacket waterproof. The garment has a full frontal opening with a zipper closure, a pointed collar, long sleeves with adjustable snap cuffs, a drawstring waist, two slash pockets at the waist and a zippered chest pocket on the left side. The jacket has a detachable, sleeveless liner composed of polyester woven fabrics quilted to a thin polyester batting material. The edges of the liner are finished with a binding and the seams are not flat finished. The liner snaps to the outer shell with seven snaps -- three snaps on each side of the inner facings of the front opening and one snap on an inner tab at the nape. The liner is not capable of separate use and is considered a composite good classifiable under the provision for the jacket. The sample will be returned as requested.

If the 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 and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.4 percent ad valorem. If the jacket does not pass the water resistance test, the applicable subheading
will be 6202.93.5011, (HTS), which provides for women's or girls' ... anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: other: women's. The rate of duty will be 29 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements, products of Hong Kong 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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