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July 28, 1999

CLA-2-62:RR:NC:WA:357 E82250

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. John Imbrogulio
Nordstrom, Inc.
A/P Import Office
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letter dated July 8, 1999, you requested a classification ruling.

The sample submitted, style number W8975NE160, is a woman’s thigh-length jacket constructed of a shell composed of a woven 96% acetate/4% polyester fabric which has a polyurethane coating. The garment is lined with a woven 62% polyester/38% nylon fabric that is quilted in a diamond pattern to a nonwoven batting fill.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a shirt-style pointed collar with a one button closure at the neck and a full front opening secured by five right-over-left button closures along the front placket. The garment has two side seam pockets at the waist, long sleeves with a one button closure on the sleeve cuffs and a straight cut bottom hem.

The sample is being returned to you.

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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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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