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NY B89892




October 29, 1997

CLA-2-62:RR:NC:WA:357 B89892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9030

Mr. Brian Tell
B.B. Dakota, Inc.
298 Broadway
Laguna Beach, CA 92651

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

Dear Mr. Tell:

In your letter dated October 8, 1997, you requested a classification ruling.

The sample submitted, style number 1000 "Opaque", is a woman's hip-length jacket. The jacket is constructed of a knit 100% nylon fabric coated with a 100% polyurethane plastic which is on the outer surface.

The polyurethane coating does not completely obscure the underlying knit fabric.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. The garment's sleeve cuffs and waistband are elasticized. There are two front slash pockets located at the waist.

The jacket is being returned to you as you have requested.

The applicable subheading for the jacket will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: Other: women's or girls'. The duty rate will be 7.4 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,

Robert B. Swierupski
Director,

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