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NY L80074




November 2, 2004

CLA-2-62:RR:NC:N3:360 L80074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010

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 October 5, 2004, you requested a classification ruling on behalf of Item Eyes, Inc. The sample submitted with your request will be returned as requested.

Style 42272MO is a women’s jacket made from a 100 percent polyester quilted woven fabric. The jacket features long hemmed sleeves, a mandarin collar, bust darts, side slits and a full front opening secured by four ring metal closures.

It is your contention that style 42272MO is classifiable as a jacket, but under the less specific heading of 6211, HTS, due to the absence of a body lining and tailoring typically found on suit-type jackets. We disagree. The factors indicated would not remove the garment from consideration as a suit-type jacket of heading 6204, HTS. Furthermore, the garment has the overall look and styling features of a suit-type jacket.

The applicable subheading for style 42272MO will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for suit-type jackets and blazers: of synthetic fibers: other, women’s. The duty rate will be 27.3 percent ad valorem.

Style 42272MO falls within textile category designation 635. 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 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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