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NY K81940




December 22, 2003
CLA-2-62:RR:NC:WA:357 K81940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051; 6202.92.2061; 6102.20.0010

Mr. Marc D. Torrence
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1929

RE: The tariff classification of a man’s jacket and four women’s jackets from India, Jordan and the United Arab Emirates

Dear Mr. Torrence:

In your letters dated November 6, 2003, and December 9, 2003, on behalf of OshKosh B’Gosh, Inc., you requested a classification ruling.

Five samples were submitted as follows: Style number W6069A, “Manning Jacket”, is a man’s hip-length jacket constructed of a shell composed of a woven 63% cotton/37% nylon fabric. The jacket is not lined.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure, long hemmed sleeves, grommets under each armhole for ventilation and a drawcord tightening at the bottom hem. The jacket has a zippered pocket on the left chest and two slanted front pockets at the waist.

Style number L6100A, “Brighton Jacket”, is a woman’s thigh-length jacket constructed of a shell composed of a woven 70% cotton/30% nylon fabric. The jacket is lined with a woven 100% polyester fabric. The jacket has an integral hood with a drawcord tightening, a full front opening secured by a zipper closure and an overlapping flap with six button closures that covers the zipper area. The jacket features two hand warmer pockets above the waist, long hemmed sleeves with a tab secured by an adjustable button closure at the wrist area, grommets under each armhole for ventilation, a drawcord tightening at the rear waist, two front pockets with flap closures below the waist and a straight cut hemmed bottom.

Style L6099A, “Bellmer Jacket”, is a woman’s lower hip-length jacket constructed of a shell composed of a woven blue denim 100% cotton fabric. The jacket is not lined. The jacket has a fold-down pointed 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 vent opening at the wrist area that is secured by a one-button closure and an overlay strip of fabric that is sewn around the waist area. The garment also has two side seam tabs at the waist that fasten through a medal ring and are secured by a button closure, two front pockets with flaps secured by a one-button closure and a straight cut hemmed bottom.

Style L6099B, “Bellmer Jacket”, is a woman’s lower hip-length jacket constructed of a shell composed of a woven 100% cotton canvas fabric. The jacket is not lined. The jacket has a fold-down pointed 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 vent opening at the wrist area that is secured by a one-button closure and an overlay strip of fabric that is sewn around the waist area. The garment also has two side seam tabs at the waist that fasten through a metal ring and are secured by a button closure, two front pockets with flaps secured by a one-button closure and a straight cut hemmed bottom.

Style number L6097A, “Astrid Bomber Jacket”, is a woman’s hip-length jacket constructed of a shell composed of a 95% cotton/5% spandex, terry knit fabric. The jacket features a ribbed mock collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, two front inset pockets in the waist area, and a ribbed bottom.

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

The applicable subheading for style number W6069A will be 6201.92. 2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.5 percent ad valorem. The duty rate for 2004 will be 9.4 percent ad valorem.

The applicable subheading for style numbers L6100A, L6099A and L6099B 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. The duty rate will be 9 percent ad valorem. The duty rate for 2004 will be 8.9 percent ad valorem.

The applicable subheading for style number L6097A will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16 percent ad valorem. The duty rate for 2004 will be 15.9 percent ad valorem

Style number W6069A falls within textile category designation 334. Based upon international textile trade agreements products of India are presently subject to quota restraints and the requirements of a visa.

Style numbers L6100A, L6099A, L6099B and L6097A fall within textile category designation 335. Based upon international textile trade agreements products of India and the United Arab Emirates are presently subject to quota restraints and the requirement of a visa. Products of Jordan 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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