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NY I82242





June 27, 2002

CLA-2-62:RR:NC:WA:357 I82242

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Melissa B. Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Weiss:

In your letter dated June 4, 2002, on behalf of Leonard Feinberg, Inc., you requested a classification ruling.

The sample submitted, style number 366-49-1, is a woman’s hip-length jacket that has a body composed of a woven 100% nylon fabric which has a polyurethane coating, and a hood and sleeves composed of a knit mesh 100% polyester fabric. The garment is lined in the body with a knit jersey fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a double pull zipper closure, long hemmed sleeves that zip off at the armholes allowing the garment to be worn as a sleeveless jacket and a straight cut hemmed bottom. The number “27” is featured on the lower portion of the right front panel.

Because of the uncoated fabric along the length of each sleeve, this garment is not considered to qualify for classification as water resistant.

The sample is being returned to you.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), 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.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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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