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NY C85430




March 27, 1998

CLA-2-62:RR:NC:WA:357 C85430

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061; 6211.42.0075

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman's jacket and a woman's shirt from Hong Kong and China

Dear Mr. Kelly:

In your letter dated March 12, 1998, on behalf Jones Apparel Group, you requested a classification ruling.

Two samples were submitted as follows: Style number 11CV32066 is a hip-length jacket constructed of an outershell composed of a woven 100% cotton blue denim fabric. Although you indicated in your letter that the jacket is a man's, in a phone conversation you stated that the garment is a woman's. The garment is lined with a knit sherpa fabric in the body and on the outer portion of the collar and with a woven quilted nylon taffeta fabric in the sleeves.

The jacket has a pointed collar and a full front opening secured by six right-over-left snap closures. There are two chest pockets secured by flaps with a snap closure, two front slash pockets at the waist, long sleeves with a snap closure on the sleeve cuffs and adjustable snap tabs on each side of the bottom hem. On the back portion of the bottom hem there is a leather patch that features the trade name "Ralph Lauren".

Style number 15F52176 is a woman's shirt constructed of a woven paisley print 100% cotton velveteen fabric. The shirt has a collar, lapels and a full front opening secured by four right-over-left button closures. There are two front patch pockets at the waist, long hemmed sleeves, two side seam vents and a straight bottom hem.

The samples are being returned to you.

The applicable subheading for the jacket will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for the shirt will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: other. The duty rate will be 8.4 percent ad valorem.

Style number 11CV32066 may be subject to an ITC Exclusion Order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the Exclusion Order.

The jacket falls within textile category designation 335. The shirt falls within textile category designation 341. Based upon international textile trade agreements products of Hong Kong and China 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. 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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