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NY H88616

March 11, 2002

CLA-2-62:RR:NC:WA:357 H88616


TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Johnna Berry
AKA International, Inc.
2601 Elliott Avenue
Suite 3167
Seattle, WA 98121

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

Dear Ms Berry:

In your letter dated February 11, 2002, on behalf of your client, Item House, Inc., you requested a classification ruling.

The sample submitted, style number 72922, is a woman’s mid-thigh length jacket constructed of a shell composed of a woven 100% polyester fabric which is quilted in a small square pattern to a nonwoven polyester batting fill. In a phone conversation you indicated that the garment’s shell fabric has a polyurethane coating for water resistance. The jacket is lined with a woven 100% polyester fabric in the hood, body and sleeves, with an additional knit brushed fleece 75% polyester/25% rayon lining fabric in the hood, in the upper portion of the rear panel and in the inner portion of the sleeves at the wrist area.

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

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. The jacket also features long hemmed sleeves, two front slash pockets below the waist 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 6202.93.4500, 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 28.1 percent ad valorem.

The jacket 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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