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NY G85429

January 12, 2001

CLA-2-62:RR:NC:WA:357 G85429


TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. R.I. Hasson
Alba Wheels Up Int'l, Inc.
150-30 132nd Avenue
Suite 208
Jamaica, N.Y. 11434

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

Dear Mr. Hasson:

In your letter dated December 13, 2000, on behalf of Nike Group, Ltd., you requested a classification ruling.

The sample submitted, style number AB150, is a woman's lower hip-length jacket. The jacket is constructed of a shell composed of one layer of a woven suede-like brushed 100% polyester fabric on the outer surface and one layer of a knit pile 100% polyester fabric on the inner surface, which are bonded together by a polyurethane resin in between.

The jacket has a notched lapel-style collar and a full front opening that is secured by five right-over-left button closures. The garment is slightly tapered at the waist and has two front pockets with side openings below the waist. The shell fabric has been folded over at the collar, wrists and at the bottom hem exposing the knit pile fabric on the outer surface of the jacket, giving the illusion of trim.

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 7.2 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 28.2 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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