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NY K87684




July 26, 2004
CLA-2-61:RR:NC:3:353 K87684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1010, 6113.00.9030

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Rd.
Valley Stream, NY 11580

RE: The tariff classification of girl’s reversible jackets from China.

Dear Mr. Weinrauch:

In your letter dated June 25, 2004, received in this office July 14, on behalf of Outer Limit Inc., you requested a classification ruling. The samples will be returned to you as requested.

Five samples of girl’s reversible jackets were submitted with your request. Style 1052K is made of knit 100% pile acrylic fabric on one side and the other side is made of knit man-made fiber fabric coated with 100% polyurethane compact plastic that completely obscures the underlying fabric. On both sides the garment features a full front four-button closure, large pointed collar and two side pockets.

Style 9170J is made of knit pile100% acrylic fabric on one side and knit man-made fiber fabric coated with 100% polyurethane compact plastic that completely obscures the underlying fabric. The garment is designed on both sides with a three button full front closure, side pockets and a notched collar.

Style 9174 is made of knit pile 100% acrylic fabric on one side and knit man-made fiber fabric visibly coated with polyurethane plastic on the other side. The garment features on both sides a full front zipper closure, attached hood and two side pockets.

Style 9173 is made of knit pile 100% acrylic fabric on one side and knit man-made fiber fabric visibly coated with polyurethane plastic on the other side. The garment features on both sides a full front zipper closure, attached hood and two side pockets. Style 9174J is made of knit pile 100% acrylic fabric on one side and knit man-made fiber fabric coated with 100% polyurethane plastic that completely obscures the underlying fabric on the other side. The garment features on both sides a full front zipper closure, attached hood and two side pockets.

The applicable subheading for styles 1052K, 9170J, 9174J 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% ad valorem.

There are no quota or visa requirements on this merchandise.

The applicable subheading for styles 9174 and 9173 will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, made up of knitted or crocheted fabrics of heading 5907: Other, Coats and jackets: Othergirls’.” The duty rate will be 7.1 per cent ad valorem.

Styles 9174 and 9173 fall 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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