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NY I88661





December 20, 2002

CLA-2-62:RR:NC:WA:357 I88661

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0015; 6201.92.2051

Ms. Mary Reynics
Tommy Hilfiger USA, Inc.
35 Henry Street
Secaucus, N.J. 07094

RE: The tariff classification of a man’s jacket and sweater set from China and Hong Kong

Dear Ms. Reynics:

In your letter dated December 2, 2002, you requested a classification ruling.

The sample submitted, style number 1970514892 “Weather Gear 3 in 1 Jacket”, is a man’s jacket and sweater set. The two piece set consists of a hip-length outer jacket and a hip-length inner sweater, which can be zippered together along the front edges so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% cotton fabric. The jacket is lined in the rear yoke with a woven cotton fabric and in the sleeves with a woven man-made fiber fabric.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure that extends to the chin area and a secondary zipper for attaching the inner sweater. The garment’s hood can be rolled up and secured on the rear portion of the neck by an overlay of fabric with two snaps. The jacket also has long sleeves with adjustable snap closures on the cuffs, two vertical front pockets secured by flaps with a snap closure and a straight cut hemmed bottom. The “Tommy Jeans” logo is embroidered onto the left chest. A locker loop on the rear yoke features the “Tommy Hilfiger” logo.

The inner sweater is constructed from 100% wool cable and rib knit fabric that measures fewer than 9 stitches per 2 centimeters counted in the horizontal direction. The sweater has a stand-up collar, long sleeves and a waistband composed of the ribbed-knit fabric. The body of the sweater (front and rear panels) is composed of the cable knit fabric. The sweater has a full front opening secured by a zipper closure. An inner label with the “Tommy Hilfiger” logo is at the nape of the neck.

The sample is being returned to you.

The applicable subheading for the outer jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.5 percent ad valorem. The duty rate will remain the same in 2003.

The applicable subheading for the inner sweater will be 6110.11.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s sweaters: knitted or crocheted: of wool. The duty rate will be 16.2 percent ad valorem. Effective January 1, 2003, the duty rate will be 16.1 percent ad valorem.

The outer 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 inner sweater falls within textile category 445. Based upon international textile trade agreements products of Hong Kong 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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