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July 28, 1999

CLA-2-62:RR:NC:WA:357 E84041

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011; 6204.50.3010

Mr. Richard Dougherty
Tower Group International
107 Henderson Drive
Sharon Hill Court
Sharon Hill, PA 19079-1033

RE: The tariff classification of an outerwear jacket and skirt combination from Hong Kong

Dear Mr. Dougherty:

In your letter dated June 24, 1999, on behalf of Urban Outfitters, Inc., you requested a classification ruling. A sample was submitted and is being returned.

The item in question, style NYC7018W, is a women’s woven nylon composite garment consisting of two components. The upper component is a short outerwear jacket with a full front zipper opening, a snap-off hood and slant, zippered pockets near the waist. The lower portion is a skirt which has a long zipper opening and an elasticized drawstring at the waist. Both garments are made of a woven nylon shell fabric quilted to a woven lining and have a lightweight batting between the layers. When joined the two components comprise a long coat.

Although the pieces are joined by a concealed horizontal zipper and are designed to be worn together, they are also intended for separate wear. In accordance with Legal Note 13 to Section XI of the HTS, garments imported together are to be classified separately unless they form a set that is specifically provided for in the tariff. As there is no specific provision for an outerwear jacket and skirt set, the two components are classifiable in their individual headings.

The applicable subheading for the jacket portion of the combination will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), 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 applicable subheading for the skirt portion of the combination will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s skirts of synthetic fibers. The duty rate will be 16.5 percent ad valorem.

The jacket falls within textile category designation 635; the skirt falls within category 642. Based upon international textile trade agreements products of Hong Kong are subject to quota 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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