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NY H86984

February 5, 2002

CLA-2-62:RR:NC:WA:357 H86984


TARIFF NO.: 6202.92.1500; 6202.92.2061

Mr. Charles Merendino
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, New York 11434

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

Dear Mr. Merendino:

In your letter dated January 14, 2002, on behalf of Tommy Hilfiger Retail, Inc., you requested a classification ruling.

The sample submitted, style number M50513623, is a woman’s thigh-length jacket constructed of a shell composed of a woven 100% cotton fabric which has a polyurethane coating. The garment is lined in the body with a woven striped 70% cotton/30% polyester fabric and in the sleeves with a woven 100% polyester fabric.

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

The jacket has a fold-down pointed collar and a full front opening secured by a right-over-left five snap closure. The garment features long hemmed sleeves with a self-fabric band and metal buckle at the wrist area, two front slash pockets below the waist, a locker loop on the rear yoke and a straight cut hemmed bottom.

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

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 6202.92.1500, which provides for other women's anoraks, windbreakers and similar articles of cotton: other: water resistant. The duty rate will be 6.3 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.92.2061, which provides for other women's anoraks, windbreakers and similar articles of cotton: other. The duty rate will be 9 percent ad valorem.

The jacket falls within textile category designation 335. 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 646-733-3047.


Robert B. Swierupski

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