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NY H86745

January 10, 2002

CLA-2-62:RR:NC:WA:357 H86745


TARIFF NO.: 6202.13.4005

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman’s raincoat from China

Dear Ms. Baron:

In your letter dated December 19, 2001, on behalf of your client, Kasper A.S.L., Ltd., you requested a classification ruling.

The sample submitted, style number LC52MS, is a woman’s double breasted-style raincoat that extends to below the knee in length and is constructed of a shell composed of a woven 100% polyester fabric that has a polyurethane coating on the inner surface. The garment is lined in the rear yoke with a woven man-made fiber fabric.

Examination of the sample and before-and-after swatches of fabric you supplied indicate that the garment does not qualify as visibly coated as that term is defined in the tariff. Therefore HTS 6210 does not apply.

The raincoat has a full front opening secured by a right-over-left four-button closure along the length of the front placket, a one-button closure on the inner portion of the front placket and a tab with a button closure on the lower inner portion of the front placket. The raincoat features a free hanging right front yoke secured by a one-button closure, epaulettes at the shoulders that have a one-button closure and long hemmed sleeves that have a tab with a one-button closure at the wrists. The garment also features a self-fabric belt with a plastic buckle at the waist that is held to the garment by belt loops, two front slash pockets below the waist and a hemmed bottom with a rear pleat.

The garment is being returned to you as you have requested.

The applicable subheading for the raincoat will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers: other: other, raincoats: women’s. The duty rate will be 28.1 percent ad valorem

The raincoat falls within textile category designation 635. Based upon international textile trade agreements products of China 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 646-733-3047.


Robert B. Swierupski

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