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NY K88171




August 19, 2004

CLA-2-62:RR:NC:N3:360 K88171

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6211.43.0078

Mr. Anthony LoPresti
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women's jackets from Hong Kong

Dear Mr. Lopresti:

In your letter dated July 29, 2004, you requested a tariff classification ruling on behalf of Item Eyes Inc.

Submitted sample, style 46291, is a woman’s jacket constructed from 100 percent polyester woven fabric. The jacket has a quilted outer shell and features long sleeves with snap closures, a collar, two patch pockets below the waist and a full front opening secured by five snap closures.

Submitted sample, style 56221, is a woman’s jacket constructed from 100 percent polyester woven fabric. The jacket has a quilted outer shell and features long sleeves, a collar, side vents and a full front zippered opening. The collar, sleeve edges and front opening have contrasting colored capping.

The submitted sample, style 60281cp, is a woman’s jacket constructed from 100 percent polyester woven fabric. The jacket features long sleeves, a V-neckline, shoulder pads, a lining and a full front opening secured by four buttons.

The applicable subheading for styles 46291 and 60281cp will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s. The rate of duty will be 27.3 percent ad valorem.

The applicable subheading for style 46291 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16 percent ad valorem.

All styles fall within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are currently 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.).

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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