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NY 851882

MAY 22 1990

CLA-2-62:S:N:N3I:357 851882


TARIFF NO.: 6202.93.4500;6202.93.5010

Ms. Kris Chapple
Charles M. Schayer & Co.
3839 Newport Street
P.O. Box 38367
Denver, CO 80238

RE: The tariff classification of a woman's pullover jacket from Hong Kong.

Dear Ms. Chapple:

In your letter dated April 24, 1990, on behalf of Sport Obermeyer Ltd., you requested a tariff classification ruling.

The sample submitted style number 07350, is a woman's pullover jacket. The jacket is constructed of a woven 100 percent printed nylon fabric which you state is coated with 600mm acrylic.

The garment has a partial front opening at the neck with a self-fabric snap tab closure, and an overlapping flap secured by four snaps covering the front opening. Below the opening there is a small zippered pouch pocket. The jacket has elastic tightening on the waist and on the sleeve cuffs. On each shoulder double shoulder pads are secured to the garment by "VELCRO"-type fasteners.

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 garment will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), 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 jacket does not pass the water resistance test, then the applicable HTS subheading for the garment 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 jacket falls 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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