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NY J84056

May 29, 2003

CLA-2-62:RR:NC:WA:357 J84056


TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letters dated April 4, 2003, and May 6, 2003, you requested a classification ruling.

The sample submitted, style number W47000GS011, is a woman’s lower hip-length jacket constructed of a shell composed of a woven 85% polyester/15% nylon fabric which is quilted in a diamond pattern to a nonwoven polyester batting fill. Information you submitted indicates that the fabric used to construct the outershell has a silicone application. The jacket is lined with a woven 65% polyester/35% nylon fabric that has a polyurethane coating. The lining does not extend under the facing fabric to the edge on each side of the front opening.

The silicone application 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 composed on the inner surface of a corduroy fabric and a full front opening secured by a right-over-left, five-button closure. The garment has two front pockets with zipper closures at the waist, long vented sleeves with corduroy fabric overlay patches on the elbows, a one-button closure on the cuffs and a rounded hemmed bottom.

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

You submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. In addition, you stated that the shell fabric is identical to fabric previously tested by this office and found to qualify as water resistant.

This garment is eligible for classification as water resistant. Based on the information you provided regarding the shell fabric, the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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