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NY K80959





December 24, 2003
CLA-2-62:RR:NC:N3:360 K80959

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211. 49.9080

Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of a women’s jacket-like garment from China or Hong Kong

Dear Mr. Lynch:

In your letter dated December 17, 2003 you requested a classification ruling on behalf of Susan Bristol Inc. The sample submitted with your request will be returned to you as requested.

Style 1423903 is a women’s jacket-like garment made from 55% silk and 45% linen woven fabric. The garment extends to the hips and features long hemmed sleeves, a full front opening secured by one button, a pleated back with side vents, patch pockets below the waist and a straight hemmed bottom. The garment is embellished with embroidery and shell detail at the bottom.

The applicable subheading for style 1423903 will be 6211. 49.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: other, jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 7.4 percent ad valorem. Effective January 1, 2004, the rate of duty will be 7.3 percent ad valorem.

Style 1423903 falls within textile category designation 835. Based upon international textile trade agreements products of China or Hong Kong are not 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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