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NY F88116

July 19, 2000

CLA-2-62:RR:NC:TA:357 F88116


TARIFF NO.: 6202.93.5011

Mr. James J. Kelly
Bathco Trade Consultants, Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a women’s jacket from Taiwan

Dear Mr. Kelly:

In your letter dated June 19, 2000, on behalf of Jones Apparel Group, you requested a classification ruling. A sample was submitted and is being returned.

The item in question, style E1TE44147, is a ladies’ zip-front hooded jacket made from a woven polyester/nylon outer fabric bonded to an inner layer of knit fleece fabric. The jacket is hip-length, has a drawstring hood and side seam pockets at the waist. It is unlined.

According to information you provided the outer fabric of the jacket is made from a blended fabric of 71% polyester/29% nylon Lurex. Examination of the fabric shows that the Lurex filaments are woven in long floats creating a shiny surface effect. This fabric is bonded to a fleece fabric that is 100% polyester.

Fabrics assembled in layers are classified according to the fabric which provides the essential character. In this case the outer fabric with its distinctive lustrous appearance imparts the essential character. Fabrics composed of a mixture of two or more textile materials are classifiable as if consisting wholly of that one textile material which predominates by weight over any other single textile material. In this case the polyester in the woven outer fabric predominates and, therefore, determines the classification.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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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