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NY H89640




March 25, 2002

CLA-2-62:RR:NC:TA:358 H89640

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.3000; 6210.50.3000

Evelyn Milling
Kmart Corporation
Resource Center
3100 West Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a reversible, outerwear jacket for children’s wear from Malaysia

Dear Ms. Milling:

In your letter dated March 16, 2002 you requested a classification ruling.

Based upon a modification of component materials, this ruling will be a revision of previously issued ruling NY H88798.

The construction of re-submitted style 5139 has been modified in the same fashion as will be style 5140, which has not been re-submitted. You state that the underlying fabric of the completely obscured outer surface will be manufactured from woven fabric of 90% polyester/10% cotton.

Therefore, the applicable subheadings for style 5139 for boys’ wear and for style 5140 for girls’ wear will be 6210.40.3000 and 6210.50.3000, respectively, Harmonized Tariff Schedule of the United States (HTS), which provide for other boys’ garments and other girls’ garments, respectively, of man-made fibers; having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric. The duty rate will be 4.6 per cent ad valorem for either classification.

Based upon international textile trade agreements products of Malaysia are subject to quota and the requirement of a visa, however the garment does not fall within a textile category designation in either classification.

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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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