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NY K89116




September 30, 2004

CLA-2-62:RR:NC:WA:357 K89116

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000

Ms. Melissa Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a woman’s raincoat from China

Dear Ms. Fox:

In your letter dated September 10, 2004, on behalf of Sugartown Worldwide, Inc., you requested a classification ruling.

The sample submitted, style number 62239, is a woman’s raincoat that extends to the lower-thigh area in length and is constructed of a shell composed of a woven 100% polyester fabric which has a visible Gore-Tex membrane on the inner surface. The garment is lined with a woven man-made fiber fabric.

The coat has a full front opening secured by a zipper closure, long sleeves with a tab secured by an adjustable snap closure at the wrist area, grommets under each armhole for ventilation, a fold-down pointed collar and a straight cut hemmed bottom with a rear vent. The coat has two vertical front pockets with zipper closures below the waist. The front pockets are covered by an overlay of fabric. The coat has four inner pockets. Three of the pockets have zipper closures. Two of the pockets are located along the length of the inner placket area between the shell and the lining fabric.

The sample is being returned to you as you have requested.

The applicable subheading for the raincoat will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.1 percent ad valorem.

The raincoat falls within textile category designation 635. Based upon international textile trade agreements products of China are presently 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. 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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