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NY J82638




April 30, 2003

CLA-2-62:RR:NC:WA:357 J82638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Kim Whitfield
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, N.Y. 11010

RE: The tariff classification of a woman’s jacket from China

Dear Ms. Whitfield:

In your letter dated April 7, 2003, on behalf of Smooth Industries, you requested a classification ruling.

The sample submitted, style number 350583, is a woman’s lower hip-length jacket constructed of a shell composed of a 97% polyester/3% spandex fabric and a lining composed of a woven 100% polyester fabric which are quilted together in a diamond pattern with a nonwoven batting fill in between. In a phone conversation you indicated that the garment does not have a coating application.

The jacket has a stand-up collar and a full front opening secured by a right-over-left six-snap closure. The jacket features a pocket on the left chest, two front slash pockets at the waist and long vented sleeves with a three-snap closure at the wrist area. The garment is bound on the entire outside edge with a capping fabric.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, windbreakers and similar articles: of man-made fibers: other. The duty rate will be 27.9 percent ad valorem.

The jacket falls within textile category designation 635. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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