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NY J84584




June 2, 2003

CLA-2-62:RR:NC:N3:360 J84584

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6211.43.0078

Mr. Steve Allan
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue
Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of women's jackets from China

Dear Mr. Allan:

In your letter dated May 12, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style CL79310 is a woman’s jacket constructed from 44 percent polyester, 30 percent nylon, 24 percent rayon and 2 percent spandex woven fabric. The garment features long hemmed sleeves, a collar, two front on seam zippered pockets, a lining, shoulder pads, a half belt in back, a back vent and a full front opening secured by five snap closures. You have indicated that this garment will be marketed with coordinating pants in the same fabrication. The jacket extends from the shoulders to the knees.

Style CL76708 is a woman’s jacket constructed from 44 percent polyester, 30 percent nylon, 24 percent rayon and 2 percent spandex woven fabric. The jacket is semi-fitted and features long sleeves with four snap closures, a collar, two flapped chest pockets with snap closures, a lining and a full front opening secured by five snap closures. You have indicted that this garment will be marketed with coordinating pants in the same fabrication.

The applicable subheading for style CL79310 will be 6211.43.0078, Harmonized Tariff Schedule of the United States, which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for style CL76708 will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s. The rate of duty will be 27.5 percent ad valorem.

Both styles fall within textile category designation 635. Based upon international textile trade agreements products of China are currently 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.).

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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