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PD F89931

August 10, 2000

CLA-2- 62 I09 F89931

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.1500; 6202.92.2061; 6202.93.5011

Mitchel R. Scher
Vandergrift Forwarding Co. Ltd.
One Evertrust Plaza
Jersey City NJ 07302

RE: The tariff classification of a woman’s jacket from Hong Kong

Dear Mr. Scher:

In your letter dated July 19, 2000, on behalf of your client Nautica Jeans, you requested a classification ruling.

The submitted sample, style SPO-9, is a woman’s jacket consisting of an outer jacket and an inner jacket that can be zipped out and worn separately. The outer jacket is made of 100% woven cotton with a polyurethane coating. The jacket is not visibly coated as that term is defined in the Harmonized Tariff Schedules. The outer jacket reaches to the top of the hips, and features a full front zippered opening, storm flap that closes with magnetic closures, long hemmed sleeves, a high stand up collar, three pockets with zippered closure on the upper body, and two cargo pockets with flaps. The inner jacket is 100% woven nylon, with a full front zippered opening and two slash pockets.

Your sample will be returned as requested.

If the outer jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, the applicable subheading for the jacket will be 6202.92.1500, HTS, which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of cotton, water-resistant. The duty rate will be 6.4%.

If the outer jacket does not pass the water resistance test, the applicable subheading for the jacket will be 6202.92,2061, HTS, which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of cotton, other, other, other, women’s. The duty rate will be 9.1%.

The applicable subheading for the inner jacket will be 6202.93.5011, HTS, which provides for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other, other, other, other, women’s. The duty rate will be 28.4%.

The outer jacket of style SPO-9 falls within textile category designation 335. The inner jacket of style SPO-9 falls within textile category designation 635. Based upon international textile trade agreements, products of Hong Kong are subject to quota and the requirements 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 this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Kathleen M. Sarten
Area Port Director
Seattle


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