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NY K84484




April 26, 2004
CLA-2-62:RR:NC:WA:357 K84484

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Mary Reynics
Tommy Hilfiger USA, Inc.
35 Henry Street
Secaucus, N.J. 07094

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

Dear Ms. Reynics:

In your letter dated March 24, 2004, on behalf of Tommy Hilfiger USA, Inc., dba DSK Industries, Inc., you requested a classification ruling.

The sample submitted, style number A50516790 “Floyd Quilted Jacket”, is a woman’s hip-length jacket constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating and is quilted in a diamond pattern to a nonwoven polyester batting fill. The jacket is lined with a woven polyester taffeta fabric.

The jacket is slightly fitted at the waist and has a full front opening secured by a right-over-left, four-button hidden placket closure, long hemmed sleeves and a zippered pocket on the upper portion of the left sleeve. The garment has two front pockets below the waist that are secured by flaps with snap closures, a zippered inner pocket, a fold down pointed collar with a button tab closure on the front portion of the neck and an elasticized adjustable tab with snaps on the rear waist. The garment also has a straight cut hemmed bottom with two side seam vents secured by snap closures. Each button features the “Tommy Hilfiger” trade name and each snap has the initials “TH” engraved on it.

This garment is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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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