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NY D84333





November 24, 1998

CLA-2-62:RR:NC:WA:357 D84333

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010; 6202.93.4500; 6202.93.5011

Mr. Jerry L. Storey
Venator Group Corporate Services, Inc.
3543 Simpson Ferry Road
Camp Hill, PA 17011

RE: The tariff classification of a woman's double jacket from Hong Kong

Dear Mr. Storey:

In your letter dated November 3, 1998, you requested a classification ruling.

The sample submitted, style number 285-14, is a woman's double jacket. The double jacket consists of two separate hip-length jackets that are attached by a strip of woven fabric which is sewn in between the center portion of each garment's back hem. The strip of fabric is approximately eleven inches in length and 2-1/2 inches in width. One jacket is constructed of a knit man-made fiber fabric. The other jacket is constructed of a woven nylon fabric which you state complies with the water resistance requirements. When the two jackets are worn together the woven nylon jacket is worn as the outer jacket over the knit jacket. The knit jacket can also be worn separately by folding the woven jacket and storing it within the zippered pocket located on the knit jacket's rear bottom hem. The nylon jacket cannot be worn alone. There is no area on the woven jacket to accommodate the storage of the knit jacket.

The knit jacket features a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the garment's collar. The jacket has two zippered front pockets, long sleeves with an elastic band and a zipper opening on each sleeve cuff and a drawcord tightening at the bottom hem. Also featured on the rear portion of the bottom hem are four half snaps used for attaching the woven jacket to the knit jacket when they are worn together and a zippered pocket used for the storage of the woven jacket when the knit jacket is worn alone.

The woven jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. The hood can be rolled up and secured within the garment's collar by a "VELCRO"-type fastener. The garment has long sleeves with elasticized sleeve cuffs, two front slash pockets at the waist and an adjustable tab with a snap closure on each side of the bottom hem.

The sample is being returned to you.

Although the garments may be worn together with the woven jacket as the outer garment, the knit jacket can also be worn as a separate garment and will be classified separately.

The applicable subheading for the knit jacket will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of man-made fibers. The duty rate will be 29.3 percent ad valorem.

If the woven 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 woven 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 28.8 percent ad valorem.

The knit jacket and the woven jacket fall within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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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