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NY 852041

MAY 17 1990

CLA-2-62:S:N:N3:357 852041


TARIFF NO.: 6202.93.4500; 6202.93.5010; 6102.30.2010

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad St.
New York, N.Y. 10004

RE: The tariff classification of a woman's double jacket from Korea.

Dear Ms. Shira:

In your letter dated April 30, 1990, on behalf of Foreign Resources Corp., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 87122, consists of two jackets: an outer jacket with a shell of 100% woven nylon taslan fabric and a woven nylon lining, and an inner jacket made from 100% knit polyester polar fleece. The outer jacket is stated to be water resistant as a result of an application of polyurethane plastics to the inner surface of the outer shell.

The outer jacket has a full-front opening with a zip-through collar, elasticized cuffs and waist, zippered, slant pockets at the waist and a seven-snap storm flap over the front zipper. The shell is constructed of pieced, contrasting colored inserts.

The inner jacket has a full-front zipper opening with a zip- through collar, two slant, zippered pockets at the waist, and a knit waistband and cuffs.

Although the two jackets may be joined with zippers to form a single garment, each is capable of being worn separately; therefore, they are classified as two garments.

The coating on the woven jacket is not separately visible; therefore, heading 6210, HTS, is not applicable.

If meeting the water resistance requirements in Chapter 62, U.S. Note 2, the applicable subheading for the outer jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's water resistant anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

If not meeting the requirements of U.S. Note 2, the applicable subheading for the woven jacket will be 6202.93.5010, HTS, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

The applicable subheading for the knit jacket will be 6102.30.2010, which provides for other women's overcoats, carcoats, capes, cloaks, anoraks, windbreakers and similar articles, knitted or crocheted, of man-made fibers. The duty rate will be 30% ad valorem.

Each garment falls within textile category designation 635. Based upon international textile trade agreements, products of Korea are subject to quota restraints and 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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