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NY 890245




DECEMBER 8, 1993

CLA-2-62:S:N:N3:357 890245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

Mr. Kevin C. Manna
Southern Trading Co.
404 Lakeside Drive
Southampton, PA 18966

RE: The tariff classification of a unisex anorak from Thailand; fluoropolymer coating; Durepel; water resistant

Dear Mr. Manna:

In your letter dated September 8, 1993, you requested a classification ruling for a garment you will be importing for your customer, Land's End. A sample was submitted and is being returned as you requested.

The item in question, style Versatech Anorak, is an unlined, hip-length pullover jacket with a half-zipper opening covered by a snapped flap. The jacket is made from a 100% woven man-made fiber microfiber fabric that has an application of a fluoropolymer coating known as "Durepel," to repel rain. The jacket has a self- fabric hood, elasticized cuffs, an elasticized drawstring with a side cord lock at the bottom hem, slant pockets with snapped flaps at the waist and a zippered pocket in the back, into which the jacket may be stuffed for storage or travel.

You submitted information indicating that the garment passes the water resistance test in Additional U.S. Legal Note 2 to Chapter 62, HTS. You also submitted information in support of classification of this garment as unisex showing that, unlike other items sold by your customer, this jacket is marketed as a unisex item, and will be sold in conjunction with coordinating pants sized specifically for men and for women.

This garment was analyzed by the U.S. Customs laboratory and was found to comply with the requirements of Chapter 62 U.S. Note 2. The classification is based on the results of this lab test. Because water resistance test results may vary from one shipment to another, or even within a single shipment, actual production merchandise may be tested at the time of importation at the discretion of the responsible Customs officer. Naturally, if merchandise in a shipment fails the test, those results will prevail over the classification listed here.

Based on the foregoing the 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.

This garment falls within textile category designation 635. Based upon international textile trade agreements products of Thailand are 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.

Sincerely,

Jean F. Maguire
Area Director

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