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NY F84784




April 17, 2000

CLA-2-62:RR:NC:3:353 F84784

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of a women’s outerwear jacket from China, Hong Kong or Korea.

Dear Mr. Evan:

In your letter dated March 24, 2000, on behalf of Mast Industries, Inc., you requested a classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is a Style No. BOW0366 women’s outerwear jacket composed of nonwoven 100% olefin fabric which is coated on the outer surface with a polyvinyl chloride plastic material. The garment features down filling, a stand up collar with textile fur lining, a full frontal zipper closure with a storm flap secured by a second zipper closure, elasticized cuffs, adjustable draw string bottom and two waist level side zipper pockets.

The jacket is classifiable under headings 6202 and 6210. Chapter 62, Note 5, HTSUS, states that “Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210.”

The applicable subheading for the Style No. BOW0366 women’s outerwear jacket will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate will be 16.4% ad valorem.

The Style No. BOW0366 women’s outerwear jacket falls within textile category designation 659. Based upon international textile trade agreements products of China, Hong Kong and Korea are subject to quota 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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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