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NY E89652




December 3, 1999

CLA-2-62:RR:NC:WA:357 E89652

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1010; 6210.50.5020

Mr. David Metty
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of two woman's jackets from Korea; Visibly Coated

Dear Mr. Metty:

In your letter dated November 4, 1999, on behalf of Gordon & Ferguson of Delaware, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 525 is a woman's hip-length jacket constructed of an outershell composed of a woven 63% nylon/37% polyester fabric which has a visible PVC coating on the inner surface. The jacket is lined with a woven man-made fiber fabric. The jacket's shell and lining fabric are quilted to a nonwoven batting fill insulation.

The jacket features a double collar. The inner collar has a metal hangtag hanging from a chain link locker loop at the nape of the neck. The "Nicole Miller" logo is engraved onto the hangtag. The outer collar is composed of a fake fur on the outer surface, is detachable and is held to the inner collar by three button and loop fasteners. The jacket has a full front opening that is secured by a double pull zipper closure, long hemmed sleeves, two front pockets at the waist, an inner pocket, two side seam vents and a straight cut hemmed bottom.

Style number NMST155 is a woman's lower thigh-length jacket constructed of a shell that is composed of a knit 100% polyester fabric which has a visibly laminated polyurethane sheet on the outer surface. The garment is lined with a knit fleece fabric in the body and with a woven man-made fiber fabric in the sleeves.

The polyurethane sheet completely obscures the underlying knit polyester fabric.

This jacket has a zip-off hood that is composed on the inner surface of a fake fur, a stand-up collar, a full front opening that is secured by a double pull zipper closure and an overlapping flap with four "VELCRO"-type fasteners that covers the zipper area. The jacket has a metal hangtag hanging from a chain link locker loop on the inner portion of the collar at the nape of the neck. The "Nicole Miller" logo is engraved onto the hangtag. The jacket has two front bellows pockets below the waist which are secured by flaps with a "VELCRO"-type fastener, an inner pocket, long hemmed sleeves secured by a self-fabric band with a "VELCRO"-type fastener and a straight cut bottom hem.

The samples are being returned to you as you have requested.

The applicable subheading for style number 525 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem. The effective rate of duty for the year 2000 will be 7.3 percent ad valorem.

The applicable subheading for style number NMST155 will be 6113.00.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric, Coats and jackets: women's or girls'. The duty rate will be 5.7 percent ad valorem. The effective rate of duty for the year 2000 will be 5.3 percent ad valorem.

Style number 525 falls within textile category designation 635. Based upon international textile trade agreements products of Korea are presently subject to quota restraints and the requirement of a visa. Style number NMST155 is not presently subject to quota restraints nor 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.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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