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May 5, 1999

CLA-2-62:RR:NC:TA:3:358 E80135

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5021

Ms. Nancy Radovich
K & R Sportswear
350 Fifth Avenue, Suite 1701
New York, NY 10018

RE: The tariff classification of a unisex jacket from Bangladesh.

Dear Ms. Radovich:

In your letter dated April 2, 1999, you requested a tariff classification ruling.

The submitted sample, Style #S1001, is a woven unisex jacket. The garment is constructed of 100% nylon fabric with polyurethane coating. The jacket features a partial elasticized hood, long sleeves with elasticized cuffs, and a left chest pocket with zippered closure. The garment also has a screen printed picture of a frog and the letter “C” on the left chest area, two front slash pockets with velcro-like closures, and a drawstring bottom.

You state in your letter that the jacket will be imported in toddler sizes 2T, 3T, and 4T, and girls/boys sizes 4, 5, 6, and 6X.

We are returning your sample as you requested.

The applicable subheading for the jacket, if it has the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s and girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets):of man-made fibers:other, other:water resistant. The duty rate will be 7.4% ad valorem.

The applicable subheading for the jacket, if it does not have the water resistance indicated in Additional U.S. Note 2 to Chapter 62 HTS, will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets):of man-made fibers:other, other, girls'. The duty rate will be 28.6.% ad valorem.

The jacket, whether or not water resistant, falls within textile category designation 635. Based upon textile trade agreements, products of Bangladesh are presently subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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