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NY I83184




July 16, 2002

CLA-2-62:RR:NC:WA:357 I83184

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2031

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, N.Y. 11434

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

Dear Mr. Spoto:

In your letter dated June 17, 2002, on behalf of Kemistre 8, LLC, you requested a classification ruling.

The sample submitted, style number A21JT15, is a man’s lower hip-length jacket having a body composed of a woven blue denim 100% cotton fabric with a 7-inch leather insert on each side seam, and a leather collar and leather sleeves. The jacket is lined with a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven batting fill.

The jacket has a stand-up collar with a one-snap closure at the neck and a full front opening secured by a zipper closure. The jacket also has long sleeves with an inner gusset and a zipper at the wrist area, two front pockets with zipper closures at the waist and a hemmed bottom that is cut straight and is shorter in the front and is cut round and is longer in the rear. A leather patch sewn onto the leather insert on the right side seam, a leather label on the right front yoke and a leather label on the rear yoke feature the “Akademiks” logo.

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

The applicable subheading for the jacket will be 6201.92.2031, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of cotton: other: blue denim. The duty rate will be 9.5 percent ad valorem.

The jacket falls within textile category designation 334. Based upon international textile trade agreements products of 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).

This jacket may be subject to an ITC Exclusion Order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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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