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NY D82886

October 29, 1998

CLA-2-62:RR:NC:WA:357 D82886


TARIFF NO.: 6202.93.4500; 6202.93.5011

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 1, 1998, you requested a classification ruling.

The sample submitted, style number K504, is a woman's hip-length jacket constructed of a woven 100% nylon fabric which has a polyurethane coating on the outer surface.

The jacket has a pointed collar, a full front opening secured by a zipper closure and two side seam pockets at the waist. There are no tightening elements either on the sleeve cuffs or on the bottom hem.

The sample is being returned to you.

In your letter you requested classification in HTS subheading 6113.00.1010. Please note that this subheading applies only to knitted or crocheted garments having an outer surface with a rubber or plastic coating which completely obscures the underlying fabric. Examination of the sample reveals that the coating is a mere change of color. In addition, the fabric is woven. Therefore, the classification you suggested is inapplicable.

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.

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.


Robert B. Swierupski

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