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NY C88514


June 18, 1998

CLA-2-62:RR:NC:WA:357 C88514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 4202.92.3031

Ms. Maristella Iacobello

Phillips - Van Heusen Corporation

1290 Avenue of the Americas

New York, N.Y. 10104

RE: The tariff classification of a woman's jacket and tote bag from Hong Kong

Dear Ms. Iacobello:

In your letter dated June 1, 1998, you requested a classification ruling.

The sample submitted, style number 1338, is a woman's thigh-
length jacket constructed of a shell composed of a woven 100% nylon fabric. In a phone conversation you stated that the jacket has a 600mm polyurethane coating.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by six right-over-left button closures. There are two front pockets below the waist, two back panels with a vent at the bottom and two drawcord tightenings at the bottom hem. There are no tightening elements on the sleeve cuffs.

Imported with the jacket is a double handle, open top, tote bag manufactured of a woven 100% nylon fabric. The bag measures approximately 13 inches high by 12 inches wide with a 4-1/2 inch base.

The tote bag is of a kind not normally sold at retail with a garment. The tote bag is substantially constructed and is not adapted to the garment nor are they mutually complementary in that neither finishes or completes the other. The tote bag is not specially shaped nor fitted to contain a particular article nor set of articles. The tote bag and the garment are not put up to meet a particular need or activity. The tote bag is a portable means of providing storage and protection to a personal effect, and the garment is designed to be worn by a person.

The samples are being returned to you.

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, 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 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 applicable subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19 percent ad valorem.

The jacket falls within textile category designation 635. The tote bag falls within textile category designation 670. 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,


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