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NY A86215



August 22, 1996

CLA-2-62:K:TC:C8:I17 A86215

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6202.93.4500, 6202.93.5011

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

RE: The tariff classification of a woman's mmf water resistant jacket from China or Thailand.

Dear Mr. Wavra:

In your letter dated July 31,1996, you requested a classification ruling on behalf of Rainfair, Inc.

The submitted sample, style T4050, is a woman's jacket with a nylon outer shell coated on the inside with polyurethane and a nylon quilted lining with polyfil. The jacket features a full frontal opening with zipper closure, elasticized cuffs and bottom, and zippered pockets at the waist. The sample is being returned to you.

If the garment passes the water resistance test as specified in Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), Chapter 62, U.S. Note 2, then the applicable subheading will be 6202.93.4500, HTSUSA, which provides for women's anoraks . . . windbreakers and similar articles . . . of man-made fibers: water resistant. The rate of duty will be 7.5% ad valorem.

If the jacket does not pass this test, then the applicable subheading will be 6202.93.5011, HTSUSA, which provides for women's anoraks, windbreakers and similar articles . . . of man-made fibers: other than water resistant. The rate of duty will be 29.1% ad valorem.

The jacket falls within textile category designation 635. As a product of China or Thailand, this merchandise is 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 Part 177 of the Customs Regulations.

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,

Thomas Mattina

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