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NY B80213

December 26, 1996

CLA-2-62:RR:NC:WA:357 B80213


TARIFF NO.: 6202.93.5011

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

RE: The tariff classification of a woman's jacket from Hong Kong

Dear Ms. Caulfield:

In your letter dated December 6, 1996, on behalf of Synergy International L.L.C., you requested a classification ruling.

The sample submitted, style number 964, is a woman's thigh-length jacket constructed of an outershell composed of a woven 100% nylon fabric. The garment has a woven 100% nylon fabric lining which you state is coated with polyurethane and a non-woven 100% polyester fill.

The coated lining extends to the seam of the garment's sleeve cuff facing but does not extend beyond the facing on each side of the garment's front zipper opening. The result is a significant gap of untreated fabric on either side. Because of this gap the garment is not considered to be water resistant.

The jacket features a detachable hood with a drawcord tightening and a faux fur ruff. The hood is held to the garment by five buttons. There is a full front opening secured by a zipper closure and an overlapping flap with three toggle-like fasteners that covers the zipper area. The garment has free-hanging front and back yokes, two front pockets secured by flaps with a snap closure and elasticized sleeve cuffs. The garment's back yoke features an inverted pleat and a detachable self-fabric tab with two snaps.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), 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 Hong Kong 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.


Roger J. Silvestri

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