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May 4, 1999

CLA-2-62:RR:NC:WA:357 E80146

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Angela Masco
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101

RE: The tariff classification of a woman’s pullover jacket from Hong Kong

Dear Ms. Masco:

This letter replaces Binding Ruling letter PD D88379, dated March 15, 1999, in which we gave you the wrong category.

The submitted sample, Style CWD4, is a woman’s pullover jacket made from 100% polyester woven fabric which has a plastic coating on the inner surface. The jacket features a V-neck with rib trim, long sleeves with rib trim, and a rib trim waistband at the bottom of the garment. There are two side slit pockets located at the waist.

In a previous ruling letter the garment was misclassified as a man’s. The new information you submitted supports classification of the garment as a woman’s.

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.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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