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NY 813790

August 31, 1995

CLA-2-62:S:N:N5:357 813790


TARIFF NO.: 6202.92.1500; 6202.92.2061

Ms. Janet Conti
Radix Group International, Inc.
Building 75, North Hangar Road
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a woman's jacket from Malaysia

Dear Ms. Conti:

In your letter dated August 7, 1995, on behalf of Prestige Global Co., Ltd., you requested a classification ruling.

The sample submitted, style 719464, is a woman's jacket. The jacket shell is composed of fabric inserts constructed of a woven 100% cotton chambray fabric and a woven 100% nylon fabric. The garment is lined with a woven 100% nylon fabric. You state that the nylon portion of the garment's shell fabric and the garment's nylon lining are coated with a 600mm polyurethane.

The coating is not "visible" as that term is defined in the tariff therefore, HTS 6210 does not apply.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. There are two front pockets located at the waist. The sleeve cuffs and waistband are elasticized. The cotton portion of the garment consists of fabric inserts which are composed of a solid color and a multi- color stripe design. The cotton fabric portion is located on the front and back panels, is designed in a large V-shape and extends from the top of the garment's shoulders to the waistband. Cotton fabric is also located along the length of the top portion of each sleeve, on the sleeve cuffs, on the front portion of each pocket, on the inner portion of the hood and as a strip of fabric surrounding the waistband. The remainder of the jacket is composed of the nylon fabric.

Classification of this jacket is based on which portion provides the essential character. In this case it is the woven cotton fabric.

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 6202.92.1500, which provides for other women's anoraks, windbreakers and similar articles of cotton, water resistant. The duty rate will be 6.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.92.2061, which provides for other women's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.4 percent ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of Malaysia are presently 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.


Jean F. Maguire
Area Director

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