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NY G89999





May 3, 2001

CLA-2-62:RR:NC:WA:357 G89999

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a woman’s denim jacket from Hong Kong

Dear Ms. Monahan:

In your letter dated April 9, 2001, you requested a classification ruling.

The sample submitted, style number S371409, is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 98% cotton/2% lycra fabric that has an all-over floral pattern tie dye vintage wash finishing. In your letter it was indicated that the fabric weight of the garment is 13 ounces per square yard.

The jacket is slightly fitted and has a pointed fold-down collar; a full front opening that is secured by six right-over-left metal button closures; two chest pockets with flaps that are secured by a metal one-button closure; and long vented sleeves with a metal one-button closure on the cuffs. The garment also has a 2-inch banded bottom hem with two side seam tabs that are secured to metal button closures on the rear panel. The jacket features a textile label with the “Sergio” tradename on the left chest pocket, a metal icon of a bull’s head on the lower portion of the left front panel, and the “Sergio Valente” tradename and the depiction of a bull’s head on each button.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman’s anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.1 percent ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong 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 garment may be subject to an ITC exclusion order dealing with faded denim garments produced by an acid wash method. For further information on admissibility please contact your local Customs office prior to importation of the goods. 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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