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NY I88938




November 29, 2002

CLA-2-62:RR:NC:TA:357 I88938

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Irene Tsang
Tiger J. LLC
463 Seventh Ave.
New York, NY 10018

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

Dear Ms. Tsang:

In your letter dated November 14, 2002, you requested a classification ruling. A sample was submitted and is being returned

The item in question, style #A45651, is a women’s jacket made from a laminated fabric consisting of an outer fabric of woven 100% polyester and an inner fabric of 100% polyester flat knit fabric. They are bonded with a 600mm pu (polyurethane), which you state renders the garment water resistant. The garment has a back length of approximately 29-1/2 inches, a full front opening with a five-snap closure, self-fabric facing, a pointed collar, patch pockets below the waist, an inner drawstring with cordlocks at the waist and side vents.

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.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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