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Date: 9/18/95 5:11 PM
Priority: Normal
Subject: Binding Ruling 813904
SEPTEMBER 18, 1995

DD 813904

CLA-2-62-DD:C:D I:I04 813904


TARIFF NO.: 6202.93.4500; 6202.93.5011

Michele R. Markowitz
Sharretts, Paley, Carter & Blauvelt, P. C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of a woman's reversible jacket from Hong Kong

Dear Ms. Markowitz:

This is in response to your letter requesting a tariff classification ruling on behalf of your client, Foreign Resources Corporation, 500 Seventh Avenue, New York, New York.

The submitted sample, style number 39509, is a woman's reversible hip-length jacket. Both sides of the jacket are constructed from 100 percent polyester fleece fabric and 100 percent nylon woven fabric. The nylon fabric has been coated with 600 millimeters of polyurethane. The polyurethane coating renders the garment water resistant.

The jacket features a full frontal opening that is secured by a heavy duty zipper closure and three Velcro-type fasteners. The garment has long sleeves, a drawstring tightening at the waist, and a permanently attached hood with a drawstring tightening. Both sides of the jacket feature two front pockets.

The submitted sample will be returned under separate cover.

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 rate of duty 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 rate of duty will be 29.5 percent ad valorem.

The jacket falls within textile category designation 635. As a product of Hong Kong, this merchandise is presently subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 entry documents are filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.



D. Lynn Gordon
District Director

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