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NY K87698




July 28, 2004
CLA-2-62:RR:NC:TA:357 K87698

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6211.43.0060

Mr. Charles Spoto
Alba Wheels Up International
150-30 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of two women’s garments from China and Macau

Dear Mr. Spoto:

In your letter dated July 14, 2004, on behalf of Eastern Pacific Apparel, Inc., you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style 6127LB, from China, is a women’s outerwear jacket with a woven 100% polyester shell and a woven lining. The jacket is hip-length and has a full front opening with a zipper closure; long, vented sleeves with snapped cuffs; slant, zippered pockets at the waist; two grommets under each sleeve where it joins the body panels; and a pointed collar.

The second item, style 6180LF, from Macau, is a women’s garment with a shell made from an 83% polyester/17% nylon woven fabric. This item, described as a wind shirt, has a full front opening with a zipper closure; short, hemmed sleeves; a woven lining; a ribbed knit collar; a hemmed bottom; and on-seam front pockets at the waist.

You indicated that the garments are water resistant. No additional information was provided, however.

Style 6127LB is eligible for classification as water resistant. If meeting the terms of Additional U.S. Legal Note 2 to Chapter 62, Harmonized Tariff Schedule of the United States (HTS), the applicable subheading for style 6127LB will be 6202.93.4500, HTS, which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the terms of Additional U.S. Legal Note 2 to Chapter 62, HTS, the applicable subheading for style 6127LB will be 6202.93.5011, HTS, which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for style 6180LF will be 6211.43.0060, HTS, which provides for other women’s or girls’ garments of man-made fibers: blouses, shirts and shirt-blouses, excluded from heading 6206.

Styles 6127LB and 6180LF fall within textile category designations 635 and 641, respectively. Based upon international textile trade agreements products of China and Macau 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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