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NY H84772




August 28, 2001

CLA-2-62:RR:NC:WA:357 H84772

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6202.92.2061; 6204.32.2030

Mr. Michael Madden
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of two woman’s jackets and a woman’s cardigan from China, Hong Kong or Singapore

Dear Mr. Madden:

In your letter dated July 31, 2001, on behalf of Christopher & Banks, Inc., you requested a classification ruling.

Three samples were submitted as follows: Style number 4140 is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 100% cotton fabric. The jacket has fabric overlays that are composed of a knit brushed 100% polyester fabric on the front and rear yokes, as a strip along each front panel that extends from below the yoke area to above the waistband and as a strip that measures approximately 12-inches in width in the center of the rear panel that extends from below the yoke area to above the waistband.

The jacket has a fold-down pointed collar and a full front opening that is secured by six right-over-left metal button closures. The garment also has a flap secured by a button closure on each chest area that gives the illusion of a pocket, long sleeves with a one-button closure on the cuffs and a banded bottom hem. The garment’s collar and front placket are edged with decorative stitching. Each button closure features the “Christopher & Banks” tradename.

Style number 4603 is a woman’s cardigan that is constructed from a knit 100% polyester fleece fabric. The outer surface of the cardigan measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a turn down tacked collar, long raglan sleeves with turn back cuffs and a full front opening with three button closures. The collar and sleeves are finished with overlock stitching.

Style number 5117 is a woman’s hip-length jacket that is constructed of a shell composed of a woven 55% cotton/30% wool/15% rayon fabric. The jacket is lined with a woven man-made fiber fabric. The jacket features a fold-down pointed collar, a full front opening that has four sewn-on buttons on each side of the front placket and no means of a closure, long sleeves with two sewn-on buttons at the cuff area and a straight cut bottom hem. The garment is finished at the edges with a woven decorative capping.

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

The applicable subheading for style 4140 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 applicable subheading for style number 4603 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweatersand similar articles, knitted: of man-made fibers: other. The duty rate will be 32.7 percent ad valorem.

The applicable subheading for style 5117 will be 6204.32.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for suit-type jackets and blazers: of cotton: other: other: women’s. The duty rate will be 9.6 percent ad valorem.

Style number 4140 falls within textile category designation 335. Style number 4603 falls within textile category designation 639. Style number 5117 falls within textile category designation 335. Based upon international textile trade agreements products of China, Hong Kong or Singapore 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.

Style number 4140 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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