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NY K88394





August 30, 2004
CLA-2-62:RR:NC:WA:357 K88394

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.11.0010; 6202.91.2011; 6211.41.0050

Ms. Malena Testino
Italtex, LLC
606 S. Jackson St.
Arlington, VA 22204

RE: The tariff classification of two women’s coats, a woman’s jacket and a woman’s vest from Peru

Dear Ms. Testino:

In your letter dated August 1, 2004, you requested a classification ruling.

Four samples were submitted as follows: Style number AT-169 “Coat with Ruffles”, is a woman’s coat that extends to below the knee in length and is constructed of a shell composed of a woven 68% alpaca/32% wool fabric. The coat is lined with a woven 100% acetate fabric.

The coat is fitted at the waist and flares out on the lower portion of the coat from the waist area to the ruffled bottom hem. The coat has a full front opening secured by a right-over-left, six-button closure, long hemmed sleeves, two front in-seam pockets below the waist and a stand-up collar.

Style number AT-111 “Jacket double face with fringes”, is a woman’s coat that extends to the lower thigh area in length and is constructed of a shell composed of a double face 70% alpaca/30% wool fabric. The coat is unlined. The coat has a fold-over, shawl-type collar and a full front opening with no closure. The coat also has two front patch pockets below the waist, long hemmed sleeves and fringes surrounding the bottom hem.

Style number AT-160 “Jacket Marie Anne”, is a woman’s hip-length jacket constructed of a shell composed of a woven 68% alpaca/32% wool fabric. The jacket is lined with a woven 100% acetate fabric. The jacket is fitted at the waist area and has a full front opening secured by a zipper closure. The jacket has long sleeves with a small vent opening on the cuffs, three pencil-type pockets on the upper portion of the left sleeve, a stand-up collar and a straight cut hemmed bottom. Style number AT-119 “Vest with zipper”, is a woman’s lower hip-length vest constructed of a shell composed of a woven 58% wool/ 42% alpaca fabric. The vest is lined with a woven 100% acetate fabric. The vest is sleeveless, has a high round neckline with no collar, is fitted at the waist and has a full front opening secured by a zipper closure.

The samples are being returned to you as you have requested.

The applicable subheading for styles AT-169 and AT-111 will be 6202.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks and similar coats: of wool or fine animal hair. The duty rate will be 41¢/kg + 16.3 percent ad valorem.

The applicable subheading for style AT-160 will be 6202.91.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, windbreakers and similar articles: of wool or fine animal hair. The duty rate will be 36¢/kg + 16.3 percent ad valorem.

The applicable subheading for style AT-119 will be 6211.41.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of wool or fine animal hair: vests. The duty rate will be 12 percent ad valorem.

Styles AT-169, AT-111 and AT-160 fall within textile category designation 435. Style AT-119 falls within textile category designation 459. Based upon international textile trade agreements products of Peru are not presently subject to quota restraints but a visa is required.

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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