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March 5, 1999

CLA-2-62:RR:NC:WA:357 D88305

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad St.
New York, NY 10004

RE: The tariff classification of a women’s knit and woven jacket from China

Dear Ms. Cumins:

In your letters dated February 19 and 24, 1999, you requested a classification ruling on behalf of Gallery, Inc. A sample was submitted and is being returned as you requested.

The item in question, style S/11761M, is a women’s knit and woven jacket. The majority of the front is made from a knitted polyester fleece with woven nylon yokes extending approximately six inches down from the shoulder seams. The upper part of each sleeve is woven as is the entire back. The garment is fully lined with a woven nylon fabric which you state has a 600 mm polyurethane coating rendering the garment water resistant. Other features include a full-front zipper opening, an inner drawstring at the waist, partially elasticized cuffs with adjustment tabs, slant zippered pockets above the waist and a knit and woven hood with a drawstring.

According to figures you provided, the woven fabric comprises approximately 57% of the surface area, 38% of the value and 46% of the weight. Examination of the garment indicates that neither the knit nor the woven fabric imparts the essential character. In accordance with General Rule of Interpretation 3(c) the garment will be classifiable as of woven construction.

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 28.6 percent ad valorem.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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