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NY 892763




DECEMBER 10, 1993

CLA-2-62:S:N:N5:357 892763

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Natouchka Patrice Rampy
Sharretts, Paley, Carter & Blauvelt
Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman's jacket from the Dominican Republic

Dear Ms. Rampy:

In your letter dated November 29, 1993, on behalf of your client, G&G Shops, you requested a classification ruling.

The sample submitted, style number G84203NY, is a woman's windbreaker-type jacket. The jacket is constructed of an outershell composed of contrasting colored fabric inserts of a woven 100% nylon fabric stated to be coated with polyurethane rendering the garment water-resistant. The garment is lined with a woven 100% cotton fabric.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper. The sleeve cuffs and waistband are elasticized. There is a left chest pocket with a flap and two side seam pockets at the waist.

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 6202.93.5011, 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 the Dominican Republic are not presently subject to quota restraints but a visa is required.

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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