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NY H83927




July 20, 2001

CLA-2-62:RR:NC:TA:357 H83927

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Dept.
1617 Sixth Ave. Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letter dated July 11, 2001, you requested a classification ruling. A sample was submitted and is being returned as you requested

The item in question, style W2972DZ720, is a women’s jacket made from a shell of woven 100% nylon fabric coated for water resistance with polyurethane. The jacket is fully lined with a woven fabric and the shell is quilted with parallel rows of vertical stitches approximately two inches apart to a nonwoven batting. The jacket, which is approximately twenty-six inches in length, has a full-front opening with a five-snap, right –over-left closure, a pointed collar and slant, zippered pockets at the waist. With your letter you submitted a sample of piece goods that will be used to make the shell of this jacket, instead of the fabric on the garment sample.

The coating on the shell fabric is not visible as that term is defined in the tariff; therefore, the garment is not eligible for classification under heading 6210, HTSUS.

This garment is eligible for classification as water resistant. 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 7.2 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 28.2 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of China 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. 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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