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NY 852891

CLA-2-62:S:N:N3I:357 852891


TARIFF NO.: 6202.93.4500; 6202.93.5010

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of two women's jackets from Korea.

Dear Ms. Shira:

In your letter dated May 22, 1990, on behalf of your client Foreign Resources Corp., you requested a tariff classification ruling.

The samples submitted, style numbers 87131 and 87132, are two women's hip-length jackets. Both jackets are composed of contrasting colored inserts constructed of a woven 100% nylon fabric shell and a 100% nylon fabric lining. Each garment has a non-woven polyester batting insulation. You have stated that the jackets are coated with polyurethane rendering the garments water resistant.

The coating on each jacket is not separately visible, therefore HTS 6210 does not apply.

Style 87131 has a full left front opening secured by a heavy-duty zipper, three snaps and a "VELCRO"-type fastener. There is a partial zipper opening at the neck. The waistband and the sleeve cuffs are elasticized. The jacket has a zippered right chest pocket, two zippered front pockets at the waist, a zippered inner pocket and a zippered pouch pocket secured by a snap flap. The collar features a drawcord with plastic cord stoppers and the sleeve cuffs have an adjustable snap tab.
Style 87132 has a full left front zipper opening. The sleeve cuffs and waistband are elasticized. There is an overlapping flap with two self-fabric snap tabs covering the zipper area. The garment's stand-up collar is secured by two snaps. There are two zippered front pockets at the waist. The overlay fabric on the bottom of the jacket holds a drawcord.

The samples are being returned to you as you have requested.

If the jackets pass 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 garments will be 6202.93.4500, which provides for other women's anoraks, wind- breakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6202.93.5010, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The jackets fall within textile category designation 635. Based upon international textile trade agreements, products of Korea are presently subject to quota restraints and a visa requirement.

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 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.


Jean F. Maguire
Area Director

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