The tariff classification of a woman's jacket and pair of trousers from Malaysia, Mauritius and Singapore; Water Resistant Lining

NY 814861 October 10, 1995 CLA-2-62:R:N5:357 814861 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510 Ms. Michele R. Markowitz Sharretts, Paley, Carter & Blauvelt Sixty-seven Broad Street New York, N.Y. 10004 RE: The tariff classification of a woman's jacket and pair of trousers from Malaysia, Mauritius and Singapore; Water Resistant Lining Dear Ms. Markowitz: In your letter dated September 15, 1995, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling. The sample submitted, style number 31703/11012, consists of a woman's hip-length jacket and a pair of trousers. The jacket is constructed of a shell composed of a woven 100% nylon fabric with inserts on the front panels and on the sleeves constructed of a printed 85% polyester/15% cotton fleece fabric. The trousers are constructed of a shell composed of a woven 100% nylon fabric. Both garments have a woven 100% nylon fabric lining which you state is coated with 600mm polyurethane rendering them water resistant. 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 zipper closure, a stand-up collar with a drawcord fastening, two front pockets at the waist and elasticized sleeve cuffs and waistband. On the right chest there is an embroidered emblem. The trousers feature an elasticized waistband with a drawcord tightening. There are two side seam pockets below the waist. The trouser legs feature elasticized ankle cuffs with zipper openings. The samples are 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 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3 percent ad valorem. If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem. If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches, of synthetic fibers. The duty rate will be 30.2 percent ad valorem. The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Singapore and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Mauritius are not presently subject to quota restraints nor the requirement of a visa. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Singapore and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Mauritius are presently subject to quota restraints but a visa is not 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. 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 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 William Raftery at 212-466-5851. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division