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NY A86079

October 24, 1996



TARIFF NO.:6202.93.4500; 6202.93.5011

Mr. Brian Wavra
Rainfair, Inc.
Box 1647
Racine, WI 53401

RE: The tariff classification of a woven nylon unisex jacket from China or Thailand

Dear Mr. Wavra,

In your letter dated July 31, 1996 you requested a tariff classification ruling.

The sample you submitted, Style L3200, is a unisex unlined woven nylon anorak. The anorak features a partial front zippered opening, a hood with drawstring, two lower front zippered pockets, long sleeves with elasticized cuffs and an elasticized hip length bottom. The upper back panel features a mesh lining with an open overlay of the exterior fabric. You state the exterior fabric is coated on the inside with polyurethane. Since the coating does not effect the surface character of the fabric, HTS 6210 does not apply. You also indicate that the shell fabric is from Taiwan; the knitted mesh is from Hong Kong and the jacket is cut and sewn in either China or Thailand.

If the jacket passes the water resistance test specified in HTS Chapter 62, Additional U.S. Note 2, the applicable subheading for Style L3200 will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's water resistant anoraks (including ski jackets), windbreakers and similar jackets . . . of man-made fibers. The rate of duty will be 7.5%.

If the jacket does not pass the water resistance test, then the applicable HTS subheading will be 6202.53.5011, which provides for women's other anoraks (including ski jackets), windbreakers and similar articles . . . of man-made fibers. The rate of duty will be 29.1%.

Style L3200 falls within textile category designation 635. Based upon international textile trade agreements, products of both Thailand and 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 Part 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.


Port Director

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