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NY K89173




September 1, 2004

CLA-2-62:RR:NC:N3:360 K89173

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Robert T. Stack
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10119

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

Dear Mr. Stack:

In your letter dated August 31, 2004, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample will be returned to you as requested.

Style 46280S is a women’s tailored jacket constructed from 100 percent polyester woven fabric. The shell fabric has a design punched into the fabric with the holes filled in with a plastic substance. Between the outer shell and the polyester lining is a lightweight polyfill. The jacket extends to below the waist and features princess seaming, darts, long hemmed sleeves, a pointed collar and a full front zippered opening.

The applicable subheading for style 46280S will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for 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.

Style 46280S falls 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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