The tariff classification of a unisex wind jacket from China or Thailand

PD A86211 August 20, 1996 CLA-2-62:A:G01 CATEGORY: Classification TARIFF NO.: 6202.93.4500: 6202.93.5021 Mr. Brian Wavra Rainfair, Inc. Box 1647 Racine, WS 53401 RE: The tariff classification of a unisex wind jacket from China or Thailand Dear Mr. Wavra: In your letter dated July 31, 1996 you requested a tariff classification ruling. The submitted sample, style Y4600, is a unisex jacket with an outer shell of 100 percent nylon woven taffeta coated on the inside with polyurethane and a lining of 100 percent cotton knit jersey. The jacket has a partial front opening with a zipper that extends to the top of the stand-up collar, long sleeves with elasticized cuffs, a front zippered pocket concealed by a sewn down flap, a slash pocket on each side, and an elasticized waist. Style Y4600 will be imported in children's sizes S(6-8), M(10-12), and L(14-16). If style Y4600 passes the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' water resistant anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 7.5 percent ad valorem. If style Y4600 does not pass the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the jacket will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' anoraks...windbreakers and similar articles...of man-made fibers. The duty rate will be 29.1 percent ad valorem. As requested, your sample will be returned. The jacket falls within textile category designation 635. Based upon international textile trade agreements, products of China and Thailand are subject to quota 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. 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 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. Sincerely, John J. Deegan Port Director Atlanta, GA