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NY J84836




June 16, 2003

CLA-2-61:RR:NC:TA:359 J84836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Mr. Garth Pauley
Limited Brands Logistics Services
Four Limited Parkway
Reynoldsburg, Ohio 43068-5300

RE: The tariff classification of a woman’s jacket from Indonesia and the Northern Mariana Islands

Dear Mr. Pauley:

In your letter dated May 13, 2003, you requested a classification ruling on behalf of Express, Inc., Columbus, Ohio. As requested, your sample is being returned to you.

Your sample, style 76F3446, is a woman’s jacket constructed from 78% cotton, 22% polyester velour knit fabric. The garment features a hood, long sleeves with 1x1 ribbed knit cuffs, a full front opening with a zippered closure, kangaroo pockets, and a 1x1 ribbed knit bottom that provides a tightening at the waist.

The applicable subheading for the jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreaker and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16% ad valorem.

In your ruling request, you recommended classification of the submitted garment under HTS 6110.20.2075, however, the garment is not similar to the terms of the headings found in 6110. This garment is the type that is normally worn over other garments for warmth and protection from the elements.

The jacket falls within textile category designation 335. Based upon international textile trade agreements this product from Indonesia is subject to quota and the requirement of a visa. This product is not subject to quota nor does it require a visa from the North Mariana Islands.

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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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