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NY K88799




September 15, 2004

CLA-2-62:RR:NC:TA:357 K88799

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Ave.
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated August 19, 2004, on behalf of Eastern Pacific Apparel, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style #80200, is a women’s outerwear jacket with a shell made from an 83% polyester/17% nylon woven fabric. The jacket has a full front opening with a zipper closure that extends to the top of the collar, side entry pockets at the waist, long sleeves with partially elasticized cuffs, an elasticized drawstring at the bottom hem, a padded collar and a full taffeta-type lining.

In you letter you stated that this jacket is water resistant; however, you provided no details, such as the manner in which the garment was rendered water resistant (i.e., a rubber or plastics application), or test results. Nevertheless, this jacket is a type of garment eligible for classification as water resistant.

If the jacket meets the requirements of the water resistance test specified in 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 or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If the jacket does not meet the requirements of 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 27.7 percent ad valorem

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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