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NY J81594




March 21, 2003

CLA-2-62:RR:NC:WA:357 J81594

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.11.0010; 6202.19.1000

Mr. Alan Siegal
Genghis Khan Freight Service, Inc.
161-15 Rockaway Boulevard
Suite 306
Jamaica, N.Y. 11434

RE: The tariff classification of a woman’s double carcoat set from China

Dear Mr. Siegal:

In your letter dated February 28, 2003, on behalf of William Rondina, Inc., you requested a classification ruling.

The sample submitted, style number 105096, is a woman double carcoat set. The two-piece set consists of an outer carcoat that extends to above the knee in length and an inner carcoat that also extends to above the knee in length. The coats can be buttoned together at the collar so as to be worn as one garment. Although the garments are worn together, each coat can also be worn separately and will be classified as a separate garment.

The outer carcoat is constructed of a woven 86% silk and 14% wool fabric and is unlined. The carcoat is slightly flared at the bottom, has a stand-up collar and a full front opening secured by a right-over-left five-button hidden placket closure. The garment has long hemmed sleeves, two front pockets with side openings located below the waist and a straight cut hemmed bottom with two side seam vents. Two buttons that are sewn onto the inner portion of the collar’s neck seam are used for attachment of the inner coat. In your letter you indicate that the garment will be coated with Teflon to make it water repellant. However, this will not affect its classification.

The inner carcoat is constructed of a woven 100% wool fabric and is lined with a woven man-made fiber fabric. The carcoat is slightly flared at the bottom and has a stand-up collar and a full front opening secured by a right-over-left five-button closure. The carcoat has shoulder pads, long sleeves with fold-over cuffs, two front pockets with side openings below the waist and a straight cut hemmed bottom with a rear vent. Two buttonholes on the collar’s neck seam are used for attachment to the outer carcoat.

The samples are being returned to you as you have requested.

The applicable subheading for the outer carcoat will be 6202.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks and similar coats: of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 0.3 percent ad valorem.

The applicable subheading for the inner carcoat will be 6202.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks and similar coats: of wool or fine animal hair. The duty rate will be 41.5¢/kg + 16.8 percent ad valorem.

The outer carcoat falls within textile category designation 735. Based upon international textile trade agreements products of China are not presently subject to quota or the requirement of a visa.

The inner carcoat falls within textile category designation 435. 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).

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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