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NY J82084




April 9, 2003

CLA-2-62:RR:NC:WA:357 J82084

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061; 6211.42.0070

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

RE: The tariff classification of two women’s denim jackets and a denim vest from Hong Kong and the Philippines

Dear Ms. Hodur:

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

Three samples were submitted as follows: Style number ZD11J0435 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 and has a fold-down pointed collar and a full front opening secured by a left-over-right six-button closure. The jacket has two chest pockets with flaps secured by a one-button closure, long vented 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 has the “CK” logo and a label above the left chest pocket 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 a woman.

Style number ZD80U0366 is a woman’s hip-length jacket constructed of a woven blue denim 100% cotton fabric. In a fax you submitted you indicated that the jacket’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 right-over-left five-button closure. The jacket has two chest pockets with flaps secured by a button closure, long vented sleeves with a one-button closure on the cuffs, two front pockets at the waist and a banded bottom hem that has two adjustable button tab closures in the rear. Each button has the “CK” logo and a label above the left chest pocket features the “Calvin Klein Jeans” logo.

Style number ZD80U0358 is a woman’s hip-length vest constructed 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 vest is sleeveless with oversized armholes, is slightly fitted at the waist and has a fold-down pointed collar and a full front opening secured by a right-over-left five-button closure. The vest also has two chest pockets with flaps secured by a one-button closure, two front pockets at the waist and a banded bottom hem with two adjustable button tab closures in the rear. Each button has the “CK” logo and a label above the left chest pocket features the “Calvin Klein Jeans” logo.

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

The applicable subheading for style numbers ZD11J0435 and ZD80U0366 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.

The applicable subheading for style number ZD80U0358 will be 6211.42.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton, vests. The duty rate will be 8.2 percent ad valorem.

Style numbers ZD11J0435 and ZD80U0366 fall within textile category designation 335. Style number ZD80U0358 falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong and the Philippines 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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