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NY J85841




July 25, 2003

CLA-2-62:RR:NC:WA:357 J85841

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061; 6211.41.0050

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, New York 11580

RE: The tariff classification of four women’s jackets and a woman’s vest from Belarus and Vietnam

Dear Mr. Weinrauch:

In your letter dated June 6, 2003, received in this office June 27, 2003, on behalf of Harve Benard Ltd., you requested a classification ruling.

Five samples were submitted as follows: Style number 0215 is a woman’s fitted jacket that extends slightly below the waist and is constructed of a shell composed of a woven 98% cotton/2% spandex fabric. The jacket has a notched lapel-style collar and a full front opening secured by a right-over-left five-button closure. The jacket features two chest pockets with flaps secured by a one-button closure, long hemmed sleeves with a button tab closure at the wrist area, two front pockets with flaps secured by a one-button closure at the waist and a hemmed bottom with two rear tabs secured by 2 metal “D” rings for an adjustable fit.

Style number 0025 is a woman’s hip-length jacket constructed of a shell composed of a woven 98% cotton/2% spandex fabric. The jacket is slightly fitted at the waist, has a fold-down pointed collar with a one-button closure at the neck and a full front opening secured by a zipper closure. An overlapping flap with five buttons covers the zipper area. The jacket also has two chest pockets, two handwarmer pockets at the waist, long hemmed sleeves and a straight cut hemmed bottom with two rear vents.

Style number 0165 is a woman’s hip-length jacket constructed of a shell composed of woven blue denim 100% cotton fabric. The jacket is slightly fitted at the waist, has a fold-down pointed collar and a full front opening secured by a right-over-left eight-button closure. The jacket has two chest pockets secured by a flap with a one-button closure, two front pockets below the waist, long vented sleeves with a one-button closure on the cuffs and a banded bottom hem that has two rear tabs secured by a one-button closure.

Style number 0225 is a woman’s hip-length jacket constructed of a shell composed of a woven 98% cotton/2% spandex fabric. The jacket is fitted at the waist and features a large fold-down pointed collar that has a vertical zipper on each side. The garment also has a full front opening that is secured by a zipper closure that extends vertically from the left shoulder to the center portion of the front panels. When the zippers on the collar are in the open position it allows the collar to be folded in and the front zipper opening to be completely closed. The jacket also features long hemmed sleeves with a zipper opening at the wrists, a zipper opening with a gusset on each side of the rear panel that extends from the shoulders to just above the waist area and a zipper opening across the rear portion of the waist that extends slightly onto the front panels.

Style number 5110 is a woman’s vest that extends to the knee area and is constructed of a shell composed of a woven 100% wool fabric. The vest is lined with a woven man-made fiber fabric. The vest is sleeveless with oversized armholes and has a round front neckline and a full front opening secured by a three-button, right-over-left closure that extends from the neckline to the bust area. The vest is slightly fitted at the waist and has a straight cut hemmed bottom with a rear vent.

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

The applicable subheading for style numbers 0215, 0025, 0165 and 0225 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: other: other. The duty rate will be 9 percent ad valorem.

The applicable subheading for style number 5110 will be 6211.41.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of wool or fine animal hair: vests. The duty rate will be 12.5 percent ad valorem.

Style numbers 0215, 0025, 0165 and 0225 fall within textile category designation 335. Based upon international textile trade agreements products of Vietnam are presently subject to quota restraints but a visa is not required.

Style number 5110 falls within textile category designation 459. Based upon international textile trade agreements products of Belarus are not presently subject to quota restraints or 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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