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NY 863256

June 11, 1991

CLA-2-62:S:N:N3I:357 863256


TARIFF NO.: 6202.93.4500; 6202.93.5010

Mr. Paul John Crowley
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

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

Dear Mr. Crowley:

In your letter dated May 10, 1991, on behalf of Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 91215, is a woman's thigh-length jacket. The jacket is constructed of a woven outershell composed of contrasting colored iridescent fabric inserts of a 51% nylon/49% polyester fabric, jacquard tapestry design inserts of a 60% rayon/40% polyester and crushed velvet inserts of a 100% acetate fabric. The jacket is lined with a 100% woven nylon fabric which you state has a 600mm polyurethane coating rendering the garment water resistant. You further state that the strip of fabric between the edge of the lining and the zipper on each side of the jacket also has a water resistant coating. The garment has a non-woven 100% polyester fill.

The coating does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The jacket has a full front opening with a heavy-duty zipper closure. An overlapping flap secured by three buttons and loops covers the zipper area. There are two front pockets at the waist and a drawstring through the garment's collar. The waistband which is composed of a 100% acetate fabric has elastic gathering.

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 duty rate 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 duty rate will be 29.5 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Korea are presently subject to quota restraints and the requirement of a visa.

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. 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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