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NY K83610




March 11, 2004
CLA-2-62:RR:NC:TA:358 K83610

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3521

Kevin Maher
C Air Customhouse Brokers
181 South Franklin Avnue
Valley Stream, NY 11581

RE: The tariff classification of outerwear for boys from India

Dear Mr. Maher:

In your letter dated February 26, 2004, written on behalf of The Children’s Place, you requested a classification ruling.

Submitted style F281604, manufactured from a fleece-lined outershell of 100% nylon, is a pullover, which opens and fastens together by means of a vertical zipper along one of the sides and by means of a partial-front, zippered opening, which can additionally fasten together below the hood by means of a fastener similar to the VELCRO brand. Other characteristics of this long-sleeved garment include cuffs, adjustable by means of fasteners similar to the VELCRO brand, a waistband through which an adjustable drawstring is threaded, and zippered pockets at each side of the lower portion of the front and across the mid-section of the front.

As you have requested, the sample garment is being returned.

If this garment passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62 U.S. Note 2, then the aplicable tariff subheading for it will be 6201.93.3000, which provides for other boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. If the garment does not pass this test, then the aplicable HTS subheading for it will be 6201.93.3521, which provides for other boys’ anoraks, windbreakers and similar articles of man-made fibers. The duty rates will be 7.1 and 27.7 percent ad valorem, respectively.

Whether or not water resistant, the garment falls within textile category designation 634. Based upon international textile trade agreements products of India are 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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