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

NY D89623 April 7, 1999 CLA-2-62:RR:NC:WA:357 D89623 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Ms. Helen Tam Bernardo Fashions 463 Seventh Avenue, Suite 706 New York, N.Y. 10018 RE: The tariff classification of a woman’s jacket from Hong Kong Dear Ms. Tam: In your letter dated March 17, 1999, you requested a classification ruling. The sample submitted, style number 564C, is a woman’s hip-length jacket constructed of an outershell composed of a woven 70% acrylic/30% wool fabric. In a phone conversation it was stated that the jacket is lined with a woven polyester fabric which has a polyurethane coating for water resistance. It was also indicated that the garment will be imported under style number 2-564C in petite sizes and under style numbers 3-564C and 1016 in plus sizes. 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 metal zipper pull closure which features the “Bernardo” trade name. The garment has two front pockets at the waist, long sleeves without cuffs and a straight cut bottom hem. The sample is being returned to you. 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 7.4 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 28.6 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 212-637-7076. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division