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NY K80907




December 24, 2003
CLA-2-62:RR:NC:WA:357 K80907

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s jacket from Hong Kong

Dear Mr. Hoffacker:

In your letter dated December 10, 2003, on behalf of Norton McNaughton, you requested a classification ruling.

The jacket submitted, style number MA1Z2BPR, is a woman’s hip-length jacket constructed of a shell of one layer on the outer surface composed of a woven suede-like brushed 65% polyester/ 35% rayon fabric and one layer on the inner surface composed of a plaid 100% polyester fabric which are bonded together. The jacket is unlined.

In a phone conversation you indicated that the jacket is not coated for water resistance.

The jacket has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the collar. The jacket features long hemmed sleeves with a vent opening at the wrist area, two front pockets at the waist and a straight cut hemmed bottom.

The sample is being returned to you as you have requested.

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, windbreakers and similar articles: of man-made fibers. The duty rate will be 27.9 percent ad valorem. The duty rate for 2004 will be 27.7 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are presently 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. 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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