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NY C83296




February 4, 1998

CLA-2-62 SE:TC:D I09 C83296

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6202.93.4500, 6202.93.5011

Amy Sperber
Delia*s
435 Hudson St.
New York NY 10014

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

Dear Ms. Sperber:

In your undated letter received January 12, 1998, you requested a classification ruling.

The submitted sample, style 10017, is a woman's pullover jacket of 100% woven nylon fabric, coated on the inner surface with a plastic coating. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedules. The jacket features a drawstring bottom, partial front zippered opening, drawstring hood, and front kangaroo pocket.

Your sample will be returned as requested.

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, the applicable subheading for the jacket will be 6202.93.4500, HTS, which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, water-resistant. The duty rate will be 7.4%.

If the jacket does not pass the water resistance test, the applicable subheading for the jacket 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. The duty rate will be 28.8%.

Style 10017 falls within textile category designation 635. Based upon international textile trade agreements, products of Philippines are subject to quota and the requirements of a visa.

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 this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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