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NY K87660




July 26, 2004
CLA-2-62:RR:NC:N3:360 K87660

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

John Imbrogulio
Customs Compliance Specialist
Nordstrom, Inc.
1617 Sixth Ave. - Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of women’s upper body garments from China

Dear Mr. Imbrogulio:

In your letter dated July 7, 2004, you requested a classification ruling. The submitted sample will be returned as requested.

Style CN93623 is a women’s upper body garment constructed from knit and woven components. The front panels are made from 100% nylon woven quilted fabric. The panels are lined with 100% polyester woven fabric and contain light polyfil padding. The back panel, sleeves and waistband are made from rib knit fabric that is 70% acrylic/39% wool. The garment extends to below the waist and features long sleeves, a collar and a full front opening secured by a zipper.

As noted above, the garment is made up of two different types of fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the fabric of the front panels provides the essential character; therefore, the garment is considered to be of woven fabric.

This garment is most similar to a sweater in styling and use; however, Chapter 62, HTS, has no heading that encompasses sweaters. This garment is not similar in design or construction to garments of heading 6202, HTS, heading 6204, HTS, or heading 6206, HTS. Style CN93623 can best be described, as a jacket-type garment, not provided for specifically in any of the headings of Chapter 62.

The applicable subheading for style CN93623 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s, of man-made fibers, jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

Style CN93623 falls within textile category designation 635. Based upon international textile trade agreements products of China 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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