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NY 851693

MAY 16 1990

CLA-2-62:S:N:N3I:357 851693


TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Doris Acosta
Warnaco, Inc.
485 7th Avenue, 14th Floor
New York, NY 10018

RE: The tariff classification of three women's jackets from Hong Kong.

Dear Ms. Acosta:

In your letter dated April 16, 1990, on behalf of your White stag Skiwear division, you requested a tariff classification ruling.

The samples submitted, White Stag style numbers 12840, 12841 and 12842 are three women's hip-length jackets. The shell of each jacket is constructed of a woven 100 percent nylon fabric. In your letter, you stated that the garments are coated with ATZOMK, a silicone coating which renders the garments water resistant. There is a 100 percent nylon lining and a 100 percent non-woven polyester filler. Sewn to the nylon lining at the nape of the neck is a textile label with a White Stag logo.

The coating on each jacket is not separately visible, therefore HTS 6210 does not apply.

Each jacket has a full front opening with a heavy-duty zipper closure. There is a metal zipper pull with a White Stag logo on the zippers. The garments have elasticized sleeve cuffs, a partially elasticized waistband and two inner pockets. The left inner pocket has a zipper closure and the right inner pocket is secured by a "VELCRO"-type fastener. Styles 12840 and 12841 have an overlapping flap with snaps covering the front zipper. The two front zippered pockets at the waist are covered by an overlay of fabric and are secured by self-fabric snap tabs. Style 12842 has a tapered waistband, two front zippered pockets at the waist and a mock snap on each sleeve.

The samples are being returned to you as you have requested.

If the jackets pass 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 garments will be 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.
If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6202.93.5010 which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The jackets fall within textile category designation 635. Based upon international textile trade agreements, products of Hong Kong are not presently subject to quota restraints but a visa is required.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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