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NY D82274




September 28, 1998

CLA-2-62:EPI25 D82274

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Nick Hamlin
Jantzen Inc.
P.O. Box 3001
Portland, Oregon 97208

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

Dear Mr. Hamlin:

In your letter dated September 4, 1998 you requested a tariff classification ruling.

The garment, Style 2VL15, is a woman's outerwear jacket made from a 100% woven polyester fabric. You state in your letter that the shell has a poly-urethane coating, rendering the garment water resistant. The jacket features a full front opening secured by a zipper closure, two front pockets below the waist and elasticized sleeve ends. The jacket has a hood with a drawstring and a hemmed straight bottom also with a drawstring tightening. The sample submitted for Customs examination will be returned to you under separate cover.

If the jacket passes the water resistant test specified in Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable subheading for the garment will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistant 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.

The jacket falls within textile category designation 635. Based upon international textile trade agreements, products of Indonesia are subject to quota 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.

Sincerely,

Carol Rackley
Service Port Director

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