NY 855233
AUGUST 23 1990
CLA-2-62:S:N:N3I:357 855233
Mr. Patrick D. Gill
Rode & Qualey
295 Madison Avenue
New York, NY 10017
RE: The tariff classification of two women's jackets from Hong
Kong.
Dear Mr. Gill:
In your letter dated August 8, 1990, on behalf of your
client, Prima Sports, Inc., you requested a tariff classification
ruling.
Two samples were submitted as follows: Style number 01111
Zermatt is a woman's hip-length jacket. The shell of the jacket
is constructed of a woven 100% nylon fabric which you state has
been coated with acrylic rendering the garment water resistant.
There is a 100% nylon fabric lining and a 100% polyester
insulation. The garment has a full front opening with a heavy-
duty zipper closure that extends to the top of the collar. There
are three zippered front pockets, one zippered inner pocket and
elasticized sleeve cuffs. You indicated that the jacket has a
self-fabric belt which was unavailable for submission with your
ruling request.
Style number 01115 Davos is a woman's waist-length jacket.
The shell of the jacket is constructed of a woven 100% nylon
fabric which you state has been coated with polyurethane
rendering the garment water resistant. The jacket has a full
front opening with a heavy-duty zipper closure that extends to
the top of the collar. At the bottom of the zipper there is a
self-fabric tab with three snaps. The garment has an attached
hood with a drawcord and metal cord stoppers, and the garment's
collar, sleeve cuffs and waistband are composed of a ribbed knit
fabric. There are two zippered front pockets covered by an
overlay strip of fabric and a zippered inner pocket.
The coating on each jacket is not separately visible,
therefore HTS 6210 does not apply.
The samples are being returned to you as you have requested.
If the jackets pass 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 garments will be 6202.93.4500, which provides for other
women's anoraks, windbreakers and similar articles of man-made
fibers, water resistant. The rate of duty will be 7.6 percent ad
valorem.
If the jackets do not pass the water resistance test, then
the applicable HTS subheading for the garments will be
6202.93.5010, which provides for other women's anoraks,
windbreakers and similar articles of man-made fibers. The rate
of duty will be 29.5 percent ad valorem.
The jackets fall within textile category designation 635.
Based upon international textile trade agreements, products of
Hong Kong are not presently subject to quota restraints but a
visa is required.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport