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NY H80453





May 29, 2001

CLA-2-61:RR:NC:TA:359 H80453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Mr. Patrick Pascarella
Viking Sea Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of a woman’s jacket from China.

Dear Mr. Pascarella:

In your letter dated April 29, 2001, on behalf of Presidio International, Inc. you requested a tariff classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style W5K148 is a woman’s jacket, which is made from fabric that is coated. The inner surface of the fabric consists of a 52% polyester and 48% acrylic, knitted pile. The outer surface of the fabric is coated with a 100% polyurethane coating, which creates a sueded look. The jacket features a stand-up collar, long sleeves, front pockets at the waist, pile trim around the front, back and side seams of the jacket and a full frontal opening secured with a zippered closure. The jacket extends from the shoulders to below the waist of the wearer. The tariff classification of this jacket is governed by the rules used to classify its fabric. Please see Legal Note 1(c), Chapter 60, HTS.

The applicable subheading for style W5K148 will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of man-made fibers: other, women’s. The duty rate will be 28.7 percent ad valorem.

Style W5K148 falls within textile category designation 635. 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 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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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