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NY I80987




May 21, 2002

CLA-2-62:RR:NC:WA:357 I80987

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Kathleen M. Lawrence
The Limited, Inc.
460 W. 33rd Street
New York, N.Y. 10001

RE: The tariff classification of a woman’s jacket from China

Dear Ms. Lawrence:

In your letter dated April 30, 2002, on behalf of Lerner New York, Inc., a division of the Limited, Inc., you requested a classification ruling.

The sample submitted, style number 0736012, is a woman’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill. The jacket is fully lined from edge to edge with a woven 100% nylon fabric which has a polyurethane coating. The jacket has a button-out liner composed of a woven quilted nylon fabric with a knit polyester fleece insert on the rear yoke. The liner is not of the type that can be worn separately.

The jacket is slightly fitted at the waist and has a fold-down pointed collar and a full front opening secured by a zipper closure. The garment features long hemmed sleeves, two front in-seam pockets at the waist and a straight cut hemmed bottom.

The sample is being returned to you as you have requested.

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 28.1 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the lining fabric 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.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China are presently subject to quota restraints 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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