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April 13, 1999

CLA-2-62:RR:NC:WA:357 E80227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Elizabeth Hodur
CK Jeanswear Div of Warnaco
90 Park Ave. 12th Floor
New York, NY 10016

RE: The tariff classification of a women’s quilted jacket from Hong Kong and China

Dear Ms. Hodur:

In your letter dated March 26, 1999, you requested a classification ruling. A sample was submitted and is being returned

The item in question, style VJ70A018, is a women’s woven outerwear jacket with an outershell made from polyester which has been coated on its outer surface with polyurethane. Additional piece goods were provided which represent the fabric that will be used in production. The coating on the fabric is not visible as that term is defined in the tariff.

The garment features quilting to an insulating batting in a rectangular pattern on the shell; a full front opening secured by a zipper that extends to the top of the padded collar, which contains a roll-up hood with a drawstring; a storm flap with VELCRO-type fasteners covering the zipper; hidden rib-knit storm cuffs; a full lining and two side seam pockets secured by zippers at the waist.

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 Hong Kong and 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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