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A83483

May 30,1996

CLA-2-62:CO:CH:DGD IO5 A83483

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5011

Mr. Kevin Maher
C-Air Custom House Brokers-Forwarders, Inc. 153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of a women's, man-made fiber jacket from China

Dear Mr. Maher:

In your letter dated May 8, 1996 you requested a tariff classification ruling on behalf of your client, East West Div. Orbit. Your sample will be returned as you requested.

The submitted sample, style JCP 80368, is manufactured for women with a shell of 65% polyester, 35% cotton knitted fleece and 100% nylon woven fabric. The garment is fully lined in 100% nylon. You indicate that the nylon lining and the nylon portion of the shell are coated with plastic. The essential character of Style JCP 80368 is imparted by the woven section of the shell. The jacket features a full frontal zipper opening, a high standing baseball type collar, long knitted detachable sleeves with rib knit cuffs, two front patch pockets with a snap flap and a drawstring bottom.

The applicable subheading for the jacket, if it passes the water resistance requirements indicated in additional U.S. Note 2 to Chapter 62 HTS, will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.5%.

If the jacket does not meet the water resistance requirements, the applicable subheading will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS) which provides for women's anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: other. The duty rate will be 29.1%.

Style JCP 80368 falls within textile category designation 635. 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Richard Roster
Port Director

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