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NY A89875




December 18, 1996

CLA-2-62:RR:NC:WA:357 A89875

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Valerie Caulfield
Evans, Wood & Caulfield, Inc.
20 West Lincoln Avenue
Valley Stream, NY 11580

RE: The tariff classification of a woman's jacket from the Peoples Republic of China

Dear Ms. Caulfield:

In your letter dated November 15, 1996, on behalf of Synergy International L.L.C., you requested a classification ruling.

The sample submitted, style number S6687, is a woman's waist-length pullover jacket constructed of a woven 100% nylon fabric which you state is water resistant. An attachment that you submitted with your letter indicates that the garment has a 600 mm coating.

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 and long sleeves with a contrasting colored fabric insert. The fabric insert extends from the shoulder area along the length of the sleeves to the cuffs. The strip of fabric features the Voit trademark and logo. The garment has a drawcord tightening through the bottom hem.

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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5 percent ad valorem. The new duty rate beginning on January 1, 1997 will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.1 percent ad valorem. The new duty rate beginning on January 1, 1997 will be 29 percent ad valorem.

The jacket falls within textile category designation 635. 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. 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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