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NY C86261




May 1, 1998

CLA-2-62:CO:CH:DGD IO5 C86261

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011, 6211.43.0076

Mr. Johnny Lee
BJ Customs Brokerage Co. Inc.
5730 W. Manchester Avenue
Los Angeles, CA 90045

RE: The tariff classification of a woman's jacket with a button out vest from China

Dear Mr. Lee:

In your letter dated April 3, 1998, you requested a tariff classification ruling on behalf of your client, Marshall Gobuty Intl Inc. The sample will be returned as you requested.

The submitted sample, Style 1035, consists of a ladies jacket and a button out vest. The jacket is constructed with a shell of 65% polyester, 35% cotton woven fabric, a lining of 100% nylon, and a 3 ounce polyester insulation. The vest is manufactured of 100% acrylic woven fabric. The jacket features a full zipper front; a storm flap with five snaps; an attached hood with drawstring; long sleeves with elasticized cuffs; two large patch pockets with flaps below the waist; an outside drawstring at the waist; and a hemmed bottom. The vest, which can be worn separately, has an attached hood; oversized armholes; pieced body construction; a full frontal opening with no closure; and a corduroy binding around the edges.

The applicable subheading for the jacket portion will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks, windbreakers and similar articles: of man-made fibers: other: women's. The rate of duty will be 28.8%.

The applicable subheading for the vest portion will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers: vests: other. The rate of duty will be 16.6%.

The jacket and vest fall within textile category designation 635 and 659 respectively. Based upon international textile trade agreements, products of China 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,

Kevin Weeks
Port Director

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