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NY D83555

October 23, 1998

CLA-2-62:LA:S:T:1:3:I12 D83555


TARIFF NO.: 6202.93.4500;6202.93.5011

Mr. Irwin A. Seltzer
H.Z. Bernstein Co., Inc.
2975 Kennedy blvd.
Jersey City, NJ 07306

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

Dear Mr. Seltzer:

In your letter dated October 9, 1998, on behalf of LL & S Purchasing Corp., you requested a tariff classification ruling.

The submitted sample, style Dude 4089, is a woman's reversible jacket. One side of the jacket is constructed from 100% polyester knit fabric. The other side is constructed from 100% nylon woven fabric which you state has a water resistant coating. The jacket features a drawstring hood, a full frontal opening with zipper closure, front slant welt pockets below the waist on both sides, long sleeves with elasticized cuffs, and a drawstring bottom. Neither component imparts the essential character; therefore, based on GRI 3(c), we classify the garment according to the heading which occurs last in the Harmonized Tariff Schedule of the United States

Your sample will be returned as requested.

If the jacket passes the water resistance test specified in the HTS, Chapter 62, U.S. Note 2, then the applicable 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% 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% ad valorem.

The jacket falls within textile category designation 635. As a product of Egypt, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


Irene Jankov

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