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NY K80193





November 24, 2003
CLA-2-62:RR:NC:TA:357 K80193

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. John F. McManus
Itochu International Inc.
335 Madison Ave.
New York, NY 10017

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

Dear Mr. McManus:

In your letter dated October 28, 2003, you requested a classification ruling on behalf of your wholly-owned subsidiary, Prominent USA LLC. A sample was submitted and is being returned as you requested.

The item in question, style TW270, “Scuba Jacket,” is a women’s outerwear jacket with a shell made from a woven 63% polyester/33% rayon/4% spandex fabric. The jacket has a full front opening with a zipper closure extending to the top of the standup collar, side seam pockets at the waist, a hemmed bottom, long sleeves without cuffs, a mesh lining through much of the body and contrasting colored fabric inserts in the seams of the body panels and sleeves. You indicated that the shell fabric weighs 312 grams per square meter.

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 (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.9 percent ad valorem.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of China are subject to quota 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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