NY 865636: The tariff classification of a woman's jacket from Korea

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                
                                NY 865636
                               August 15, 1991 



CLA-2-62:S:N:N3I:357 865636  

CATEGORY:  Classification

TARIFF NO.: 6202.93.4500; 6202.93.5010  

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, N.Y.  10017

RE:  The tariff classification of a woman's jacket from Korea

Dear Mr. Wortman:

     In your letter dated July 24, 1991, on behalf of your
client, E.L.C. Corporation, you requested a classification
ruling.  
 
     The sample submitted, style number 8146, is a woman's hip-
length jacket.  The garment is constructed of an outershell
composed of contrasting colored fabric inserts of a woven 100%
nylon fabric.  The jacket is lined with a woven 100% nylon fabric
which you state is coated with 600mm polyurethane rendering the
garment water resistant.  The jacket has a non-woven 100%
polyester fill.

     The coating on the lining does not change the surface
character of the fabric, therefore HTS 6210 does not apply. 
      
     The jacket has a full front opening secured by a heavy-duty
zipper closure.  There is an overlapping flap with six snaps
covering the zipper area.  The sleeve cuffs and waistband are
elasticized.  Circular shaped patches are sewn onto the left
chest, each sleeve and on the back.  Two horizontally zippered
front pockets are located at the waist.

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

     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 7.6 percent ad
valorem.

     If the jacket does not pass the water resistance test, then
the applicable HTS subheading for the garment will be
6202.93.5010, which provides for other women's anoraks,
windbreakers and similar articles of man-made fibers.  The duty
rate will be 29.5 percent ad valorem.

     The jacket falls within textile category designation 635. 
Based upon international textile trade agreements products of
Korea 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.  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