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NY F87306




June 30, 2000

CLA-2-62:PD:A:TC:I:I04 E87306

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Elizabeth Hodur, Classification Supervisor Warnaco, Incorporated
149 Madison Avenue
New York, New York 10016

RE: The tariff classification of women’s jackets from either China or Hong Kong

Dear Ms. Hodur:

In your letter dated May 30, 2000, you requested a tariff classification ruling.

PThe submitted samples are women’s hip-length jackets. The jackets are manufactured from 100 percent nylon woven fabric. The inner surface of the fabric has a 600mm polyurethane coating for water resistance. The garments have a nylon lining and a polyester filling.

The jackets are not visibly coated as that term is defined in the Harmonized Tariff Schedule (HTS); therefore, HTS Heading 6210 does not apply.

Style number ZJBN6X604 has a full frontal opening that is secured by a zipper closure that extends to the top of the garment’s stand-up collar. The jacket has long sleeves with elasticized cuffs. The garment also features two front zippered pockets and a straight bottom with a drawstring tightening.

Style number ZJBY10558 also has a full frontal opening that is secured by a zipper closure. The jacket has a pointed collar and a removable fake fur collar that is attached to the jacket with metal snap fasteners. The jacket also features two zippered front pockets, long sleeves, and a straight bottom. The outer shell fabric of style number ZJBY10558 is quilted.

2

The submitted samples will be returned under separate cover.

If the jackets pass 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 garments will be 6202.93.4500 which provides for anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: water resistant. The rate of duty will be 7.3 percent ad valorem.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6202.93.5011 which provides for anoraks (including ski-jackets), windbreakers, and similar articles (including padded, sleeveless jackets): of man-made fibers: other: other: other: other: women’s. The rate of duty will be 28.4 percent ad valorem.

The jackets fall within textile category designation 635. Based upon international textile trade agreements, products of either China or Hong Kong 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 that 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,

Joseph Rivera
Acting Port Director

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