The tariff classification of a woman's shirt-jacket from Hong Kong

NY 898329 June 13, 1994 CLA-2-62:S:N:N5:357 898329 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011 Mr. David J. Evan Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue New York, N.Y. 10167-0002 RE: The tariff classification of a woman's shirt-jacket from Hong Kong Dear Mr. Evan: In your letter dated May 20, 1994, on behalf of G-III Apparel Group Limited, you requested a classification ruling. The sample submitted, style number T5854WL, is a woman's hip-length shirt-jacket constructed of an outershell composed of a woven plaid design 30% wool/ 20% polyester/45% acrylic and 5% other fabric which you state weighs between 12 and 14 ounces per square yard. The garment is lined with a woven 190T nylon fabric quilted to a non-woven fiber fill. The lining has been treated with a 600mm acrylic coating which renders the garment water resistant. The shirt-jacket has a full front opening secured by five button closures. There are two chest pockets with buttoned flaps, two side seam pockets below the waist, a corduroy shirt-style collar, buttoned sleeve cuffs and a hemmed bottom. 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 6202.93.5011, 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 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