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NY K84420




April 20, 2004
CLA-2-61:RR:NC:3:353 K84420

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1010; 6113.00.1012

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147 Avenue
Jamaica, NY 11413

RE: The tariff classification of ladies’ coated jacket, skirt and pant from Vietnam and China.

Dear Ms. Trimble:

In your letter dated March 18, 2004, on behalf of August Silk Inc., you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style 139104 is a ladies jacket composed of a knit polyester fabric coated with a compact polyurethane plastic material that completely obscures the underlying fabric. The fabric lined jacket features a collar, long sleeves with hemmed bottoms, a full frontal opening with a heavy duty zipper, two front side slash pockets, a banded waist and a hemmed bottom. The jacket reaches to below the wearer’s waist.

Style 139503 is a ladies skirt composed of a knit polyester fabric coated with a compact polyurethane plastic material that completely obscures the underlying fabric. The fabric lined skirt features a waistband with grommets spaced at intervals, a back zipper and hemmed bottom. The skirt reaches to approximately knee length.

Style 139407 is a ladies pant composed of a knit polyester fabric coated with a compact polyurethane plastic material that completely obscures the underlying fabric. The fabric lined pant features a waistband, a side zipper and hemmed bottom. The pants are full length.

The applicable subheading for style 139104 will be 6113.00.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, coats and jackets: women’s or girls’. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for styles 139503 and 139407 will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, other. The rate of duty will be 3.8 percent ad valorem.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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