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NY J85686





June 30, 2003

CLA-2-62:RR:NC:N3:360 J85686

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0075

Ms. Graciela DeAlcon
Wal-Mart Stores, Inc.
601 N. Walton
Bentonville, AR 72716-0410-L32

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

Dear Ms. DeAlcon:

In your letter dated June 10, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style GL411001 is a woman’s jacket constructed from 98 per cent cotton and 2 percent spandex woven fabric. The jacket is composed of more than four panels and features long sleeves, a mandarin collar, two chest pockets with flaps, two pockets below the waist, a back vent and a full front zippered opening.

In your letter you suggest classification under 6104.32.2030. The jacket, however, is properly classified under 6211.42.0075 as a woven jacket.

The applicable subheading for style GL411001 will be 6211.42.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 8.2 percent ad valorem.

Style GL411001 falls within textile category designation 335. 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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