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NY G83736

November 15, 2000

CLA-2-62:RR:NC:WA:357 G83736


TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Harry Wong
C.F.L. Sportswear Trading Inc.
350 Fifth Avenue, #4010
New York, N.Y. 10118

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

Dear Mr. Wong:

In your letter dated October 20, 2000, on behalf of C.F.L. Enterprise and J. Crew Group, Inc., you requested a classification ruling.

The sample submitted, style number WO20, is a woman's hip-length jacket constructed of a shell that is composed of a woven 100% nylon twill fabric which has a polyurethane coating. The garment is lined in the upper body with a mesh fabric and in the lower body and sleeves with a woven man-made fiber fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a mandarin-type collar and a full front opening that is secured by a tab with a snap closure at the neck and a zipper closure along the front placket. The garment has two chest pockets with snap closures, two front inseam pockets with zipper closures at the waist and two pockets with zipper closures along the inner portion of the front placket. The garment also features long hemmed sleeves which have a zipper opening with a gusset at the wrists and "action back" bi-swing armholes which allows for easier movement of the arms. The garment's bottom hem is cut straight across and is shorter in the front and is cut round and is longer in the back. The lower portion of the left front panel has an emblem that features the "Harley-Davidson Motor Cycles" logo. The "Harley-Davidson" logo is also featured along the lower portion of the left sleeve.

The sample is being returned to you.

This garment is eligible for classification as water resistant. If the jacket passes 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 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 7.3 percent 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 28.4 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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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