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NY 890344



September 24, 1993

CLA-2-62:S:N:N5:357 890344

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, N.Y. 10036-8901

RE: The tariff classification of a woman's jacket with a back pack from China

Dear Mr. Stack:

In your letter dated September 14, 1993, on behalf of your clients, Amerex (USA), Inc., and Amerex of California, Corp., you requested a classification ruling.

The sample submitted, style number 120, is a woman's upper thigh-length jacket constructed of a woven 100% cotton fabric shell with a plaid cotton flannel fabric lining. It will be imported with a back pack.

The jacket has a full front opening secured by a heavy-duty zipper closure. An overlapping flap with five snaps covers the zipper area. The features of the garment are two zippered chest pockets, two double entry patch pockets with flap closures, long sleeves with snap cuffs and a drawstring tightening through the bottom hem. A detachable hood with a drawstring is held to the jacket by five buttons.

The back pack has one large pocket with a flap and snap closure and a smaller pocket also with a flap and snap closure. The back pack is held to the jacket by snaps. The jacket and the back pack are adapted to one another and mutually complementary. The jacket has two male snaps affixed to each shoulder area and two male snaps on the left and right bottom. The back pack is constructed of the same fabric as the jacket and has four straps which are affixed with the matching female snaps.

The back pack and garment are composite goods as that term is defined in the HTS. The classification of composite goods is based on which portion provides the essential character. In this case it is the garment.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket and back pack will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 9.5 percent ad valorem.

The article falls within textile category designation 335. Based upon international textile trade agreements products of China 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.

Sincerely,

Jean F. Maguire
Area Director

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