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NY K80984




January 5, 2004
CLA-2-61:RR:NC:TA-359:K80984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, New York 10004

RE: The tariff classification of women’s knitwear from Korea, China or Vietnam

Dear Ms. Cumins:

In your letter dated December 16, 2003, which you submitted on behalf of your client, Authentic Fitness Corp., Los Angeles, California, you requested a tariff classification ruling. You provided two samples, which are returned as requested.

Style 04F-L021 is a woman’s knitted jacket that consists of 95% cotton, 3% metallic, and 2% nylon fibers. The jacket features a full-front opening with a zippered closure; a stand-up collar; long sleeves with rib knit cuffs; a rib knit waistband; and two slanted pockets that are covered by a capping and are located in the front at the waist. The french terry knit fabric of the jacket has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. There are also two side panels that consist of a double layer of knitted mesh fabric. This jacket will be produced in Korea.

Style 7090123/4 is a woman’s knitted jacket that consists of 95% cotton, 5% spandex fibers. The jacket features a full-front opening with a zippered closure; a self-fabric hood with a drawstring closure; long sleeves with rib knit cuffs; and slanted pockets at the waist in the front. The french terry knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. This jacket will be produced in either China or Vietnam.

The applicable subheading for each jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ---- windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The duty rate will be 15.9% ad valorem.

Each jacket falls within textile category designation 335. Based upon international textile trade agreements this product from Korea, China and Vietnam is 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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