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NY F84166




March 24, 2000

CLA-2-62:RR:NC:WA:357 F84166

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011; 6211.43.0078

Ms. Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway, 6th Fl.
New York, N.Y. 10018

RE: The tariff classification of two women's jackets from Malaysia

Dear Ms. Cheung:

In your letter dated March 8, 2000, you requested a classification ruling.

Two samples were submitted, as follows: style number 89-39666 is a woman's hip-length jacket which is constructed of a shell that is composed of a woven 49% polyester/49% rayon/2% spandex fabric. The jacket is lined with a woven man-made fiber fabric. In your letter you indicate that the same jacket will also be imported under style number 85-43762 in petite sizes.

The jacket has a pointed shirt-style collar, a full front opening that is secured by a zipper closure, a zippered pocket on the left chest and two front pockets with side openings at the waist. The garment has long sleeves with a zipper opening on the banded sleeve cuffs and a straight cut banded bottom hem.

Style number 89-39680 is a woman's slightly tailored hip-length jacket which is constructed of a shell that is composed of more than four panels of a woven 66% polyester/32% rayon/2% spandex fabric. The jacket is lined with a woven man-made fiber fabric. The jacket has a funnel-style collar and a full front opening secured by a zipper closure. The garment has two zippered front pockets at the waist, long hemmed sleeves and a straight cut hemmed bottom.

The samples are being returned to you as you have requested.

The applicable subheading for style number 89-39666 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for style number 89-39680 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.4 percent ad valorem.

Style numbers 89-39666 and 89-39680 fall within textile category designation 635. Based upon international textile trade agreements products of Malaysia are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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