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NY C81358




November 21, 1997

CLA-2-62:RR:NC:WA:357 C81358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Blythe Severson
Expeditors International of Washington, Inc. 980 Lone Oak Road
Suite I28
Eagan, MN 55121

RE: The tariff classification of a unisex jacket from Taiwan

Dear Ms. Severson:

In your letter dated October 30, 1997, on behalf of Welch Apparel Group, Inc., you requested a classification ruling.

The sample submitted, style number WG-6, is a hip-length jacket. In a phone conversation you stated that the outershell is composed of a woven peached microfiber 100% polyester fabric which is coated with a 600mm polyurethane. The garment is lined with a knit 100% polyester fleece fabric in the body and with a woven nylon fabric in the sleeves. The sleeves have a non-woven 100% polyester batting insulation.

The coating is not visibly as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure which extends to the top of the collar. There are two front pockets with zipper closures at the waist, long sleeves with elasticized sleeve cuffs and an elasticized waistband.

The sample is being returned to you.

If the jacket is worn by both males and females and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS subheading covering women's garments. Information you submitted with the sample indicates that the jacket is sized as unisex and is sold generally to customers in the promotional business.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan are presently subject to quota requirements 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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