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NY 873230




MAY 7 1992

CLA-2-62:S:N:N3:357 873230

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6204.63.3000; 6204.63.3510

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

RE: The tariff classification of a woman's jacket and pants set from Macau and Hong Kong.

Dear Mr. Crowley:

In your letter dated April 7, 1992, on behalf of Foreign Resources Corp., you requested a classification ruling. A sample set of garments was submitted and is being returned as you requested.

The merchandise in question, style 13107/53512/33515, consists of a jacket and pants set with woven nylon outershell fabric which has an application of a 600mm polyurethane plastics. Both garments are made of pieced construction, with a solid black fabric predominating and multi-colored fabric inserts to a lesser extent on each garment. The jacket also features a significant amount of piping along the edges of the front panels extending up to and around the edge of the collar, and in a diagonal direction from the waist on both front and back on both sides.

Other features of the jacket include elastic at the waist and cuffs, a full-front zipper opening, a stand-up rounded collar, shoulder pads and large pockets at the waist with horizontal openings which are elasticized but which have no means of closure.

The trousers have elastic and a drawstring but no opening at the waist, side seam pockets and vertical zippers at both of the elasticized cuffs.

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.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's and girls' water resistant trousers and breeches of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches of synthetic fibers. The duty rate will be 30.4 percent ad valorem.

The jacket and trousers fall within textile category designation 635 and 648, respectively. Based upon international textile trade agreements products of Macau are subject to quota and the requirement of a visa, while products of Hong Kong are subject to 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.

Sincerely,

Jean F. Maguire


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