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NY D85643




December 17, 1998

CLA-2-62:RR:NC:WA:357 D85643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Rachel Acuff
Wal-Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a woman's windbreaker-type jacket from Hong Kong

Dear Ms. Acuff:

In your letter dated December 5, 1998, you requested a classification ruling.

The sample submitted, style number CA611047, is a woman's windbreaker-type pullover jacket. The garment is constructed of a shell composed of a woven 100% nylon taslan fabric. In a phone conversation you stated that the garment is not coated for water resistance

The jacket has an integral hood and a partial opening at the neck which is secured by a zipper closure that extends up from the lower portion of the front yoke to under the hood's chin area. The jacket has a handwarmer pocket with two zipper closures below the front yoke, long sleeves secured by tabs with "VELCRO"-type fasteners on the sleeve cuffs and a drawcord with a plastic cord stopper through the bottom hem.

The sample is being returned to you as you have requested.

The applicable subheading for the pullover jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.8 percent ad valorem. Effective January 1, 1999 the rate of duty will be 28.6 percent ad valorem.

The jacket falls 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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