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NY 809019

April 24, 1995

CLA-2-62:S:N:N5:357 809019


TARIFF NO.: 6202.93.5011; 6202.93.2020

Mr. Michael A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center
New York, N.Y. 10048

RE: The tariff classification of a jacket and padded vest set from China; coated lining; not fully lined; padded sleeveless jacket

Dear Mr. Pipitone:

In your letter dated April 6, 1995, on behalf of Alorna, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style M828, is a ladies' jacket and vest set in a matching color fabric. The jacket has a full-front zipper opening, an inner drawstring, slant pockets below the waist, a nonwoven filling and a woven lining which has been coated for water resistance. The shell fabric is a woven polyester microfiber fabric. The vest is made of similar materials. In addition it has a hood with a drawstring, adjustment tabs at the bottom and a zipper closure. The shell has a diamond quilt pattern.

Examination of the lining on the jacket indicates that it extends only as far as the self-fabric facing in the front of the garment, resulting in an uncoated area of approximately four inches on either side of the front zipper. Because of this gap we do not regard the jacket as being water resistant.

Although these garments are coordinated and may be worn together, they may also be worn separately. HTS Section XI Legal Note 13 states that, with certain exceptions, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. Because these garments are not among the exceptions to this rule they will be classified in their individual subheadings.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for the padded vest will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' padded sleeveless jackets of man-made fibers. The duty rate will be 16.8 percent ad valorem.

The jacket and vest fall within textile category designations 635 and 659, respectively. Based upon international textile trade agreements products of China are subject to quota 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
New York Seaport

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