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NY F85325





April 25, 2000

CLA-2-62: CO: CH: DGD IO5 F85325

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Mr. John F McManus
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of two women’s jackets from Korea

Dear Mr. McManus:

In your letter dated April 5, 2000 you requested a tariff classification ruling on behalf of your wholly owned subsidiary, Prominent U.S.A. Inc. Your samples will be returned as you requested.

Both of the submitted samples, style 90293 and 90294, are women’s jackets constructed with a shell of 53% polyester, 25% nylon, 22% cotton woven fabric with a polyurethane coating. The garments are both lined with 100% nylon woven fabric and contain 100% polyester (Du Pont Thermolite Plus) padding. Style 90293 has a full frontal opening secured by a zipper closure, a button off hood with drawstring, long sleeves with elasticized cuffs, an inside drawstring at the waist, two front pockets with zipper closure below the waist, and a hemmed bottom. The features on Style 90294 are a full front opening with zipper closure and a storm flap with three buttons, a standup collar, a detachable hood with drawstring, long sleeves with button cuffs, an inside drawstring at the waist, two large patch pockets with button flap below the waist, and a hemmed bottom.

The applicable subheading for styles 90293 and 90294, if they pass the water resistance requirements indicated in additional U. S. Note to Chapter 62 HTS, will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.3%.

If the jackets do not meet the water resistance requirements, the applicable subheading will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other: women’s. The rate of duty will be 28.4%.

Styles 90293 and 90294 fall within textile category designation 635. Based upon international textile trade agreements, products of Korea 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.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.

Sincerely,

Robyn Dessaure
Port Director

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