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NY C83538




February 12, 1998

CLA-2-62-CL:FO:CB:I20

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Ms. Kathy Brennan
Supervisor, Customs Compliance
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a women's woven jacket to be manufactured in Hong Kong

Dear Ms. Brennan:

In your letter dated , January 9, 1998, you requested a tariff classification ruling.

The submitted sample, designated style number 006-1070 when imported in regular sizes, 006-1071 when imported in petite sizes, and 006-1072 when imported in tall sizes, is a women's jacket manufactured from a 100% nylon woven fabric said to have been treated with an application of acrylic sufficient to convey the quality of water resistance.

The garment features a full frontal opening secured by a coarse-toothed plastic zipper which extends to the top of a stand-up collar, long sleeves with partially elasticized cuffs which can be further tightened by means of straps bearing a Velcro-like material, two vertically opening side pockets at the waist, each secured by a fine-toothed plastic zipper, a single, right side, horizontally opening side pocket below the waist, secured by a fine-toothed plastic zipper, a single, left side,
horizontally opening interior pocket secured by a fine-toothed plastic zipper, a full lining, an unspecified fiber filling, an interior drawstring below the waist, and a straight, hemmed bottom.

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

If the garment does not pass the water resistance test, the garment would be classifiable under HTS subheading 6202.93.5011, which provides for other women's anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 28.8%, ad valorem.

In either case, the garment would fall within textile category designation 635. Based on international textile trade agreements, products of Hong Kong are subject to quota and the requirement 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. 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.

The sample is being returned to you, as requested.

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,

John M. Regan
Service Port Director

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