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NY F81020

January 7, 2000

CLA-2-62:RR:NC:WA:357 F81020


TARIFF NO.: 6210.50.5020

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

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

Dear Mr. Stack:

In your letter dated December 13, 1999, on behalf of your client, Amerex USA, Inc., you requested a classification ruling.

The sample submitted, style number FM 3153, is a woman's hip-length jacket. The jacket is constructed of an outershell that has a body composed of a woven 50% polyester/50% nylon fabric and sleeves and a collar composed of a knit 100% polyester fleece fabric. The body portion of the jacket has a visible polyvinyl chloride plastic coating on the inner surface of the shell fabric. The jacket is lined in the body and sleeves with a woven nylon fabric and has a nonwoven batting fill.

The jacket has a full front opening secured by a zipper closure that extends to the top of the garment's collar. A double overlapping flap with three snaps covers the zipper area. The jacket's sleeves are detachable and are held to the garment by zippers surrounding each armhole. The garment has two zippered front pockets at the waist and a straight cut bottom hem.

The woven body portion of the jacket imparts the essential character. Therefore the garment is classifiable under the provision for visibly coated garments.

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

The applicable subheading for the jacket will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 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. Products of Russia are not presently subject to quota restraints but a visa is required.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.


Robert B. Swierupski

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