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NY K89121




September 27, 2004

CLA-2-61:RR:NC:TA:359 K89121

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010; 6104.63.2011

Ms. Georgette Brady
YGPS
150-16 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of a woman’s jacket and a woman’s trousers from Hong Kong

Dear Ms. Brady:

In your letter dated September 14, 2004, on behalf of Ben Sherman, Inc., you requested a tariff classification ruling.

The submitted sample, style number ZZGM210, is a woman’s jacket that is constructed from 50% polyester, 50% cotton, knit fabric. The jacket features a ribbed collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front inset vertical pockets in the waist area, and a ribbed bottom. Piping is visible on the front and back panels. A “Ben Sherman” logo is embroidered on the upper left front of the garment.

The submitted sample, style number ZZGM564, is women’s trousers that are constructed from 50% polyester, 50% cotton, knit fabric. The trousers feature a ribbed elastic waistband and long hemmed leg openings. Piping is visible on the outer sides of the leg openings.

The applicable subheading for the jacket will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of man made fibers: other: other: women’s. The rate of duty will be 28.2% ad valorem.

The HTS subheading for the trousers will be 6104.63.2011, which provides for women’s trousers, knitted: of synthetic fibers: otherother: The rate of duty will be 28.2% ad valorem.

Due to the fact that each style is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). Each style will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. Each style may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The jacket falls within textile category designation 635. The trousers fall in category 648. Based upon international textile trade agreements products of Hong Kong 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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