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NY F83138




March 23, 2000

CLA-2-62-CL:FO:CB:I20 GG

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Jennifer Josten
Account Executive
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a women’s woven jacket to be manufactured in Hong Kong

Dear Ms. Josten:

In your letter dated February 18, 2000, which was received by Customs on February 22, 2000, you requested a tariff classification ruling on behalf of Leonard Feinberg, Inc.

The submitted sample, designated style number OFTS001, is a women’s jacket manufactured from a 100% nylon woven fabric said to have been treated with an application of polyurethane sufficient to convey the quality of water resistance. The garment is fully lined with a 100% polyester knit fabric, which has been heavily napped on both surfaces.

This hooded garment features a partial frontal opening secured by a coarse-toothed plastic zipper, a tunnel drawstring extending around the front of the hood, long, hemmed sleeves with wrist straps which permit tightening of the sleeves by means of a Velcro-like material, a front center breast pocket secured by a coarse-toothed plastic zipper, two front pockets below the waist, each secured by a coarse-toothed plastic zipper, an eleven inch vent at the left side seam, which is secured by a coarse-toothed plastic zipper, and a straight, hemmed bottom through which is threaded a tunnel drawstring.

If the garment passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under subheading 6202.93.4500, which provides for other women’s water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 7.3%, ad valorem.

If the garment does not pass the water resistance test, the garment would be classifiable under HTS subheading 6202.93.5011, which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 28.4%, ad valorem.

In either case, the garment would fall within textile category designation 635. Based on international textile trade agreements, products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel category 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.

The sample is being returned to you, as requested.

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.

Sincerely,

John M. Regan
Service Port Director

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