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NY D83657





November 2, 1998

CLA-2-62:RR:NC:WA:357 D83657

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

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

RE: The tariff classification of three women's jackets from Hong Kong

Dear Mr. Kelly:

In your letter dated October 13, 1998, on behalf of Jones Apparel Group, you requested a classification ruling.

The samples submitted, style numbers 52517046, 52550646 and 55F21646 are three women's thigh-length jackets constructed of a woven 100% cotton denim fabric. Style numbers 52517046 and 55F21646 are of a blue denim fabric and weigh 13.75 ounces per square yard. Style number 52550646 is of a windowpane plaid design denim fabric and weighs 8 ounces per square yard.

Each jacket has a pointed collar and a full front opening secured by five right-over-left button closures. Each jacket has two patch pockets on the chest, two patch pockets below the waist, a one-button closure on the sleeve cuffs and a straight bottom hem. The chest pockets on style number 55F21646 are secured by a snap closure.

Examination of the samples and cutting specifications indicates that these items have an outerwear cut.

The samples are being returned to you.

The applicable subheading for each 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.

Each jacket falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraint 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.

Style numbers 52517046 and 55F21646 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.

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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