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NY D87937




March 4, 1999

CLA-2-62:357:H:TC:CII:BJ:I28 D87937

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Ya-el Torbati
435 Hudson Street
New York, NY 10014

RE: The tariff classification of a womans woven nylon coated jacket from Sri Lanka

Dear Ms. Torbati:

In your letter dated February 16, 1999, you requested a classification ruling.

Style 10032 is a womans woven 100% nylon jacket with an outer shell coated with polyurethane which you state renders the garment water resistant. The garment extends below the waist and features a 100% cotton flannel lining; a partial frontal opening with heavy zipper closure; 3" elasticized cuffs attached inside the long sleeves; a hood with tunnel drawstring; a hemmed bottom with tunnel drawstring; a kangaroo pocket; and ribbon trim along the frontal opening, sleeve endings and hood. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedule.

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, the applicable subheading for the garment will be 6202.93.4500, which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, the applicable subheading for the garment will be 6202.93.5011, which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other, womens. The duty rate will be 28.6% ad valorem.

Style 10032 falls within textile category designation 635. Based upon international textile trade agreements, products of Sri Lanka are subject to quota and the requirement of a visa.

The sample will be returned.

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,

Paul Rimmer
Port Director

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