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NY 851906

MAY 23 1990

CLA-2-62:S:N:N3I:357 851906


TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Renee L. Beltran
Lybel Customs Broker
145-32 157th Street
Jamaica, N.Y. 11434

RE: The tariff classification of a woman's jacket from China, Mexico, Romania and Hong Kong.

Dear Ms. Beltran:

In your letter dated April 25, 1990, on behalf of your client American Utex Corp., you requested a tariff classification ruling.

The sample submitted is a woman's lined hip-length jacket. The jacket is constructed of a woven 100% nylon shell which you state is coated with 600mm acrylic rendering the garment water resistant.

The jacket has a full front opening with a heavy-duty zipper closure and an overlapping flap secured by two buttons covering the zipper area. The garment features contrasting colored fabric inserts, an elasticized waistband and buttoned sleeve cuffs. There are two front buttoned flap pockets and two front zippered pockets located at the waist. The jacket has a double collar (one of which features a drawstring), and a free hanging front and back yoke.

The sample is being returned to you as you have requested.

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 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 China and Mexico are presently subject to quota restraints and a visa requirement. Products of Hong Kong are not presently subject to quota restraints but a visa is required. Products of Romania are not subject to quota restraints nor a visa requirement.

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 (Restraint 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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