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NY C88755




July 21, 1998

CLA-2-62-CL:FO:CB:I20 C88755

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Ms. Michelle R. Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Avenue. 33rd Floor
New York, NY 10167-3397

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

Dear Ms. Markowitz:

In your letter dated June 22, 1998, you requested a tariff classification ruling on behalf of Lane Bryant, Inc.

The submitted sample, designated style number 1521, is a women's jacket manufactured from a 100% polyester woven fabric. The jacket has a lining of 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 four large, plastic buttons, a pointed collar, a zip-out lining of an unspecified woven fabric, long, hemmed sleeves, two large patch pockets below the waist, each with a flap secured by a single large, plastic button, two diagonal insert breast pockets, and a straight, hemmed bottom, through which is threaded a tunnel drawstring. The zip-out lining is not of the type that is worn separately.

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, while products of Belarus are not.

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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