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

NY K85936 June 2, 2004 CLA-2-62:RR:NC:WA:357 K85936 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Mr. John Imbrogulio Nordstrom, Inc. 1617 Sixth Avenue, Suite 1000 Seattle, WA 98101 RE: The tariff classification of a woman’s jacket from Hong Kong Dear Mr. Imbrogulio: In your letter dated May 6, 2004, you requested a classification ruling. The sample submitted, style number W834GS125, is a woman’s upper thigh-length jacket constructed of a shell composed of a woven 85% nylon/15% polyester fabric which has a silicone coating, and a lining composed of a woven 62% polyester/38% nylon fabric which are quilted together in a diamond pattern to a nonwoven batting fill. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a full front opening secured by a double pull zipper closure and a right-over-left, overlapping flap with five button closures that covers the zipper area. The garment has long sleeves with a corduroy capping fabric at the wrist area, a fold-down pointed collar composed of a corduroy fabric on the outer surface, two front pockets with flap closures on the lower portion of the front panels, a label with the “Faconnable” tradename on the left pocket flap and a straight cut hemmed bottom that is finished at the edge with a capping fabric. 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 or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 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 27.7 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division