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NY 886385

JUNE 9, 1993

CLA-2-62:S:N:N5:357 886385


TARIFF NO.: 6202.93.5010

Ms. Christine Cavanaugh
Fritz Companies, Inc.
P.O. Box 3887
Kent, WA 98032-0387

RE: The tariff classification of a unisex jacket from an undetermined country; water resistant by construction; not coated.

Dear Ms. Cavanaugh:

In your recent letter following up your letter of April 22, 1993, on behalf of Thaw Corporation, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style Versa-Tech 91-828844, is an unlined jacket with a woven man-made fiber shell fabric. It is hip-length with a full- front opening and a zipper that extends through the stand-up collar. The garment has an elasticized drawcord at the waist and elasticized cuffs, slant pockets at the waist and a covered horizontal pocket with a zipper closure in the left chest area.

In response to our request for information regarding whether the garment has an application of rubber or plastics you indicated that the weave is so tight it causes the garment to be water resistant and that there is no coating present. You also presented information indicating that the fabric passes the water resistance spray test.

In accordance with HTS Chapter 62 Additional U.S. Note 2, for a garment to be considered water resistant for tariff purposes it must not only withstand a head pressure test of 600mm of water with not more than one gram of water penetration in two minutes, but the water resistance must be the result of a rubber or plastics application. Based on the information you provided, the water resistance of this garment is caused by its tight weave. Consequently, it does not comply with the Legal Note and is not eligible for water resistant classification.

The applicable subheading for the jacket will be 6202.93.5010, 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 29.5% ad valorem.

This garment falls within textile category designation 635. Based upon international textile trade agreements products of certain countries are subject to quota restraints and the requirement of a visa. Depending on the country of origin of this garment either or both may apply to the jacket.

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. 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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