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NY H85853




December 6, 2001

CLA-2-62:RR:NC:WA:355 H85853

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0058

Mr. John F. McManus
ITOCHU International, Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a men’s casual wear jacket from Indonesia

Dear Mr. McManus:

In your letter dated December 3, 2001, you requested a classification ruling on behalf of Prominent U.S.A., Inc.

You submitted a sample of a men’s jacket identified as a “Men’s Wearhouse Jacket”. There is no style number assigned to the garment. You state the garment will be made of either 70 percent rayon and 30 percent polyester blended woven fabric, or of 97 percent polyester and 3 percent lycra spandex woven fabric. The garment has many visual features common to a men’s shirt. It features a pointed set-in collar, long sleeves with placketed buttoned cuffs, a full frontal opening with five over sized buttons which are sewn on using a reinforced method of attachment, and one smaller button at the neck, two front pockets with flaps, both pockets set at a slight angle on each front panel, and a top front left breast pocket. The jacket is fully lined with a sewn in lining fabric made of a taffeta like material. There is an interior breast pocket which buttons. The jacket is constructed of four panels with slight tailoring at the side seams. In appearance the garment has features reminiscent of both a men’s shirt and a suit type jacket. You state that the fabric weight is approximately 300 grams per square meter.

The applicable subheading for the jacket will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments, men’s or boys’, of man-made fibers, jackets and jacket-type garments excluded from heading 6201. The duty rate will be 16.3 percent ad valorem. In 2002, the duty rate will be 16.2 percent ad valorem.

The garment falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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