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NY K82530




February 11, 2004
CLA-2-62:RR:NC:WA:357 K82530

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020

Ms. Melissa Weiss-Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a woman’ padded sleeveless jacket from China; Visibly Coated

Dear Ms. Weiss-Fox:

In your letter dated January 15, 2004, on behalf of Outback Trading Co., Ltd., you requested a classification ruling.

The sample submitted, style number 2321, is a woman’s hip-length padded sleeveless jacket constructed of a shell composed of a woven 100% polyester fabric that has a visible polyurethane coating on the inner surface, and a lining composed of a woven 100% polyester fabric that are quilted together in a diamond pattern to a nonwoven polyester batting fill in between.

The padded sleeveless jacket has a full front opening secured by a right-over-left, six-snap closure, oversized armholes that are edged with binding fabric, two front in-seam pockets at the waist and a double collar. The outer collar is removable and is composed of a fake fur on the outer surface. The jacket has two rear vents that are secured by snap closures and the garment’s bottom hem is cut straight across and is shorter in the front, and is cut straight with round sides and is longer in the rear.

The shell fabric is visibly coated on the inner surface with polyurethane. Although HTS heading 6210 provides for certain garments made up of visibly coated fabrics, products of heading 5811, which provides for quilted textile products in the piece, are excluded. Therefore, classification of this garment in heading 6210 is precluded.

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s or girls’: padded sleeveless jackets: of man-made fibers: other. The duty rate will be 14.9 percent ad valorem.

The padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of China 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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