The tariff classification of a woman's jacket from thePeople's Republic of China, Taiwan or Hong Kong

NY 804211 CLA-2-62:S:N:N5:357 804211 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Mr. John M. Peterson Neville, Peterson & Williams 80 Broad Street, 34th Floor New York, N.Y. 10004 RE: The tariff classification of a woman's jacket from the People's Republic of China, Taiwan or Hong Kong Dear Mr. Peterson: In your letter dated November 14, 1994, on behalf of Totes, Incorporated, you requested a classification ruling. The sample submitted, Totes style number 5213, is a woman's jacket. The jacket is constructed of a woven 100% nylon fabric which is stated to be knife-coated on the outer surface with a metallic pigmented polyurethane plastics material. The coating is not "visible," as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a pointed fold down collar and a full front opening secured by a zipper closure. The metal pull on the zipper features the "Totes" trade name. The garment is elasticized on the back waist and has a drawcord fastener. There are two oversized front pockets with flaps below the waist. A detachable self-fabric hood is held to the jacket by four snaps. 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 6202.93.5011, 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 the People's Republic of China and Taiwan are presently subject to quota restraints and the requirement of a visa. Products of Hong Kong are not presently subject to quota restraints but a visa is required. 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