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NY D84340




November 25, 1998

CLA-2-62:S:AMW:N-3:I02

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020, 6202.93.4500, 6202.93.5011

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

RE: The tariff classification of womens outerwear jackets from Korea and China

Dear Ms. Hart:

In your letter dated November 4, 1998, you requested a tariff classification ruling on behalf of Lane Bryant.

The submitted samples, styles 1524 and 1015, are womens outerwear jackets.

Style 1524 is manufactured from 55% polyester 45% nylon fabric which has been visibly coated on the inside. The jacket features a full front opening secured by a zipper, long hemmed sleeves, a faux fur detachable button on collar, a quilted lining, a partially elasticized waist, two half welt slant pockets below the waist and two full welt zippered pockets at the chest.

Style 1015 is manufactured from 57% acetate 22% polyester 21% nylon woven quilted fabric. The lining of this garment is coated with 600mm of polyurethane, which you state renders the garment water resistant. The jacket features a full front opening secured by four buttons, a pointed collar, long hemmed sleeves and two pockets below the waist.

As requested, your samples will be returned to you. The applicable subheading for style 1524 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for womens garments made up of fabric of heading 5602, 5903, 5906 or 5907; of man-made fibers; anoraks. The rate of duty will be 7.4%.

The applicable subheading for style 1015 will be 6202.93.4500, HTS, if the garment passes the water resistance test. The rate of duty will be 7.4%. If the garment does not pass the water resistance test, the applicable subheading will be 6202.93.5011, HTS, which provides for womens anoraks, of man-made fibers. The rate of duty will be 28.8%.

Both garments fall within textile category designation 635. Based upon international textile trade agreements, products of Korea and China are subject to quota 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.

Sincerely,

William J. Luebkert
Port Director

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