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NY K89883




October 26, 2004

CLA-2-62:RR:NC:TA:357 K89883

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Rd., 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a women’s jacket from the Philippines

Dear Mr. Nagel:

In your letter dated September 27, 2004, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 5394, is a women’s outerwear jacket with a shell made from a 100% polyester woven fabric and a lining made from a mesh knit fabric. The jacket has a full front opening with a zipper closure that extends to the top of the collar, zippered, on-seam pockets at the waist, a zippered lower back pocket and a zippered chest pocket. The garment also has an elasticized drawstring with a cordlock at the bottom hem, elasticized cuffs, reflective piping in some seams, a back yoke for ventilation and small mesh inserts under the arms where they meet the body panels.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 27.7 percent ad valorem.

This jacket falls within textile category designation 635. Based upon international textile trade agreements products of the Philippines 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 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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