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NY C84863




March 20, 1998

CLA-2-62:EPI25 C84863

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Brandon Terrell
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

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

Dear Mr. Terrell:

In your letter dated February 17, 1998, on behalf of Design Resources, you requested a tariff classification ruling.

The sample submitted, style number 8551, is a woman's hip-length jacket. The jacket is constructed of an outershell composed of a 100% nylon woven fabric. An attachment to your letter indicates that the plastics application on the jacket meets the water resistance requirements.

The jacket features a full front opening secured by a zipper closure. The metal pull on the zipper features the "Sport" trade name. The sleeve cuffs are elasticized and the hemmed bottom has a side drawcord with a plastic cord lock. There are two side seam pockets located at the waist and a stand-up collar with drawcords and plastic cord locks. The jacket has a roll-up hood which is concealed within the garment's collar and secured by a "Velcro"-type fastener. The back side of the jacket features an overlapping flap secured by a "Velcro"-type fastener. The flap covers a large zipper pocket. The sample submitted for Customs examination will be returned to you under separate cover.

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 7.4 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 28.8 percent ad valorem.

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.

Sincerely,

Carol Rackley
Service Port Director

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