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NY I85830





September 9, 2002

CLA-2-61:RR:NC:TA: 359 I85830

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2020; 6104.32.0000; 6102.20.0010

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of three women’s garments from China and/or the Northern Mariana Islands

Dear Mr. Kelly:

In your letter dated August 30, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples. Style number U1CL12118 is a woman’s sweater that is constructed from 100% cotton, openwork crocheted fabric. The sweater features a V-neckline, long sleeves with scalloped edges, a full front opening with 7 button closures, and a scalloped edge bottom. The neckline and the placket are finished with scalloped edging. The country of origin will be China.

Style number U21730738 is a woman’s double-breasted suit-type jacket that is constructed from 100% cotton, novelty knit fabric. The jacket has three or more panels, two of which are in the front, sewn together lengthwise. The jacket features a notched-lapel collar, long sleeves, a full front opening with 6 button closures, and 2 front inset pockets in the waist area. The country of origin will be China.

Style number U3JECH867 is a woman’s jacket that is constructed from 100% cotton, terry, knit fabric. The jacket features a drawstring hood, long sleeves with rib knit cuffs, a full front opening with a zipper closure, 2 front pouch pockets at the waist, and a rib knit bottom. “Polo Jeans Co.” is embroidered across the chest. The country of origin will be the Northern Mariana Islands.

Your samples are being returned.

The applicable subheading for the sweater will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, crocheted: of cotton: other: other: sweaters: women’s. The duty rate will be 17.3% ad valorem.

The subheading for the suit-type jacket will 6104.32.0000, which provides for women’s suit-type jackets, knitted: of cotton. The duty rate will be 15.3% ad valorem.

The subheading for the jacket will be 6102.20.0010, which provides for women’s overcoatswindbreakers, and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16.1% ad valorem.

The sweater falls within textile category designation 345; the suit-type jacket and the outerwear jacket, in category 335. Based upon international textile trade agreements the sweater and the suit-type jacket from China are subject to quota and the requirement of a visa. The jacket from the Northern Mariana Islands is neither subject to quota nor 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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