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NY C86152




April 30, 1998
CLA-2-62-DD:C:D:I01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Linda Moyer Customs Specialist
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The classification of women's jackets from China.

Dear Ms. Moyer:

In your letter dated March 25, 1998 you requested a tariff classification ruling.

Style number 05411 is a women's 90% polyester, 10% nylon moleskin twill woven anorak type jacket. The jacket features a pointed collar, a button on hood with a drawstring, a full frontal opening with a zipper closure and a storm flap with 5 snap closures, a drawstring at the waist, two slant pockets in front, long hemmed sleeves with a non-functional tab with a button at each cuff, a straight hemmed bottom and a removable lining. Style number 05412 is a women's 90% polyester, 10% nylon moleskin twill woven anorak type jacket. The jacket features a pointed leather collar with a fabric underside, a button on hood with a drawstring, a left breast pocket with a zipper closure, a full frontal opening with a zipper closure and a storm flap with 5 button closures, long hemmed sleeves with a non-functional tab with a button at each cuff, a straight hemmed bottom and a removable lining.

Your samples are returned as requested.

If the jackets pass the water resistance test specified in Chapter 62, U.S. Note 2, then the applicable subheading for the jackets will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets): Of man-made fibers: Other: Other: Water resistance. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test specified in Chapter 62, U.S. Note 2, then the applicable subheading for the jackets will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets): Of man-made fibers: Other: Other: Other. The rate of duty will be 28.8 percent ad valorem.

The jackets fall within textile category designation 635. As products of China this merchandise is subject to visa requirements and quota restraints based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota restraints applicable to the subject merchandise may be affected since part categories are subject to frequent 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 should be attached to the entry documents at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Patrick O'Malley
Acting Port Director
Boston, Massachusetts

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