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NY K83652




March 25, 2004

CLA-2-62:RR:NC:N3:360 K83652

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.32.2030

Mr. Patrick Pascarella
Viking Sea/Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of a woman's jacket from Hong Kong

Dear Mr. Pascarella:

In your letter dated February 27, 2004, you requested a tariff classification ruling on behalf of Presidio International Inc.

The submitted sample, style K5K299 is a woman’s jacket constructed from 70 percent cotton and 30 percent nylon woven fabric. The jacket is tailored and features long sleeves with snapped cuffs, a notched collar with a self-fabric tab, adjustable side tabs and a full front opening secured by two buttons.

Although you have suggested classification of style K5K299 as an outerwear garment of heading 6202, HTS, it lacks the features generally associated with jackets of that heading. It is correctly classified as a jacket of heading 6204, HTS.

The applicable subheading for the jacket will be 6204.32.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of cotton: other: other: women’s. The rate of duty will be 9.4 percent ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong are currently 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.).

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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