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NY B87273




September 8, 1997

CLA-2-62:RR:NC:TA:3:358 B87273

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5021

Ms. Gretchen H. Zink
Talbots
175 Beal Street
Hingham, MA 02043

RE: The tariff classification of unisex jackets from Macau.

Dear Ms. Zink:

In your letter dated July 2, 1997, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #81096255 - a woven unisex jacket. The garment is constructed of a 100% nylon coated outer shell, and a 65% polyester, 35% cotton knit jersey lining. The jacket features a hood, constructed of 65% polyester, 35% cotton knit jersey,long sleeves with elasticized bottoms, and a full front zippered opening. The jacket also has two large front patch pockets with velcro like closures, and an elasticized waist.

Style #81096256 - a woven unisex jacket. The garment is constructed of a 100% nylon coated outer shell and features a stand-up collar, a partial front zipper opening beginning at the collar, and long sleeves with elasticized bottoms. The jacket also has a slash pocket on each side, and a hemmed bottom.

You state in your letter that the jackets will be imported in boys' sizes 2-3, 4-5, 6-6X, 7-8, 10-12, 14 and 16.

We are returning your samples as you requested.

If the jackets have the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, the applicable subheading will be 6202.93.4500, Harmonized Tariff Schedule of the United States (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, water resistant. The duty rate will be 7.4% ad valorem.

If the jackets do not have the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, the applicable subheading will be 6202.93.5021, Harmonized Tariff Schedule of the United States (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, girls''. The duty rate will be 29.% ad valorem.

The jackets, whether or not water resistant, fall within textile category designation 635. Based upon textile trade agreements, products of Macau are presently subject to quota restraints and visa 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.

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 Bruce Kirschner at 212-466-5865.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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