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NY J82083





April 9, 2003

CLA-2-62:RR:NC:WA:357 J82083

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061

Ms. Elizabeth Hodur
Warnaco, Inc.
149 Madison Ave., 5th Flr.
New York, N.Y. 10016

RE: The tariff classification of four women’s denim jackets from Hong Kong, the Philippines and Turkey

Dear Ms. Hodur:

In your letter dated March 13, 2003, on behalf of CK Jeans, you requested a classification ruling.

Four samples were submitted as follows: Style number ZD13B0355 is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 100% cotton fabric. In a fax you submitted you indicated that the garment’s shell fabric weighs 8 ounces per square yard. The jacket has a fold-down pointed collar and a full front opening secured by a zipper closure. The jacket also features two chest pockets with zipper closures, long vented sleeves with a one-button closure on the cuffs and a ribbed-knit fabric waistband. Each zipper pull has the “CK” logo and a label on the right chest pocket features the “Calvin Klein Jeans” logo.

Style number ZD11H0435 is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 98% cotton/2% elastane fabric. In a fax you submitted you indicated that the jacket’s shell fabric weighs 10.5 ounces per square yard. The jacket is slightly fitted at the waist, has a fold-down pointed collar and a full front opening secured by a left-over-right six-button closure. The jacket also has two chest pockets with a one-button closure, long sleeves with a one-button closure on the cuffs, two front in-seam pockets at the waist and a banded bottom hem that has two adjustable button tab closures in the rear. Each button features the “CK” logo and a label on the left chest pocket has the “Calvin Klein Jeans” logo. Although the jacket has a left-over-right closure at the front the cut of the garment clearly indicates that it is designed for women.

Style number ZD80Y0369 is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 69% cotton/30% polyester/1% elastane fabric. In a fax you submitted you indicated that the jacket’s shell fabric weighs 11.5 ounces per square yard. The jacket has a stand-up collar with a tab secured by an adjustable snap closure on the front portion of the neck and a full front opening with a zipper closure. An overlapping flap covers the zipper area. The jacket features two chest pockets covered by flaps with two grommets, long vented sleeves with two snap closures on the cuffs and a banded bottom hem that has two adjustable snap tab closures in the rear. Each snap closure features the “CK” logo and a label on the left chest pocket has the “Calvin Klein Jeans” logo.

Style number ZD80D0391 is a woman’s hip-length jacket constructed of a shell composed of a woven blue denim 100% cotton fabric. In a fax you submitted you indicated that the garment’s shell fabric weighs 12 ounces per square yard. The jacket is slightly fitted at the waist and has a fold-down pointed collar and a full front opening secured by a left-over-right six-button closure. The jacket also features long vented sleeves with a one-button closure on the cuffs, two chest pockets with flaps secured by a one-button closure, two slanted front pockets at the waist and a banded bottom that has two adjustable button tab closures in the rear. Each button has the “CK” logo and a label on the left chest features the “Calvin Klein Jeans” logo. Although the jacket has a left-over-right closure at the front the cut of the garment clearly indicates that it is designed for women.

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

The applicable subheading for style numbers ZD13B0355, ZD11H0435, ZD80Y0369 and ZD80D0391 will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s anoraks, windbreakers and similar articles, of cotton. The duty rate will be 9 percent ad valorem.

Each jacket falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong, the Philippines and Turkey 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.

Style numbers and 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.

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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