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NY H88457




March 26, 2002

CLA-2-62:RR:NC:WA:357 H88457

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.9090

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, N.Y. 10167-3397

RE: The tariff classification of a woman’s flocked garment from Hong Kong or China

Dear Ms. Goldfischer:

In your letter dated March 4, 2002, on behalf of your client, Azteca Productions International, Inc., you requested a classification ruling.

The sample submitted, style number Z90423, is a woman’s hip-length upper body garment constructed of a shell composed of a woven 98% cotton/2% spandex denim fabric which has a contrasting color rayon flocking material applied to the outer surface. The rayon flocking does not completely cover the underlying denim fabric, giving the fabric the illusion of iridescence. In a fax you submitted, it was clearly indicated that the garment was cut and designed for a woman.

The garment is slightly fitted at the waist and has a fold-down pointed collar and a full front opening secured by a left-over-right six-button closure. The garment features two front chest pockets that are secured by flaps with a one-button closure, long sleeves with a one-button closure on the cuffs and a banded bottom hem with two button tab closures in the rear. The rear portion of the bottom hem also has a leather label which features the “Bongo” logo.

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

The applicable subheading for the flocked garment will be 6210.50.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: other: other: other. The duty rate will be 6.3 percent ad valorem.

The jacket falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong or China 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 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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