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NY L80173





October 28, 2004

CLA-2-62:RR:NC:WA:357 L80173
CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.12.2050; 6202.13.3010

Ms. Peggy Montonera
Sears, Roebuck and Company
Dept 7331MP D5-257BA
3333 Beverly Rd.
Hoffman Estates, IL 60179

RE: The tariff classification of four woman’s coats from Turkey, Sri Lanka, Indonesia and Vietnam

Dear Ms. Montonera:

In your letter dated September 30, 2004, you requested a classification ruling.

Four samples were submitted as follows: Stock number 3018 is a woman’s coat that is constructed of a shell composed of a woven stretch denim 78% cotton/20% polyester/2% spandex fabric. The coat is not lined.

The coat extends to above the knee area in length, is slightly fitted at the waist, has a fold-down pointed collar, and a single-breasted full front opening with lapels that is secured by a right-over-left, four button closure. The coat has long hemmed sleeves with a tab secured by a button closure at the wrist area, a pocket with a flap closure on the left chest, a self-fabric tie belt at the waist that is held to the garment by three belt loops, two front pockets with side openings located below the waist and a straight cut hemmed bottom with an inverted pleat on the rear portion of the hem.

Stock number 3025 is a woman’s coat that is constructed of a shell composed of a woven jacquard 98% cotton/2% polyester fabric. The coat is lined in the body and sleeves with a woven man-made fiber fabric. The coat extends to above the knee area in length, is slightly fitted at the waist and has a fold-down pointed collar with a single-breasted full front opening that is secured by a right-over-left, five-button hidden placket closure. The coat has long hemmed sleeves with a non-functional button at the wrist area, two front in seam pockets below the waist, and a straight cut hemmed bottom with two side seam vents that are secured by a one-button closure.

Stock number 3169 is a woman’s coat constructed of a shell composed of a woven jacquard 52% cotton/46% polyester/2% spandex fabric. The coat is lined in the body and sleeves with a woven man-made fiber fabric. The coat extends to the knee area in length, is slightly fitted at the waist and has a fake fur shawl collar with a single-breasted full front opening that is secured by a right-over-left, three-button closure. The coat has long hemmed sleeves, shoulder pads, two front pockets with flap closures below the waist and a straight cut hemmed bottom with a rear vent.

Stock number 3134 is a woman’s coat constructed of a shell composed of a woven boucle 50% acrylic/42% wool/4% polyester fabric. The coat is lined in the body and sleeves with a woven man-made fiber fabric. The coat extends to above the knee area in length, is slightly fitted at the waist and has a notched lapel style collar with a single-breasted full front opening that is secured by a right-over-left, three-button closure. The coat has long hemmed sleeves, shoulder pads, two front pockets with flap closures below the waist and a straight cut hemmed bottom with a rear vent.

The samples are being returned to you as you have requested.

The applicable subheading for style numbers 3018, 3025 and 3169 will be 6202.12.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks and similar coats: of cotton: other: other. The duty rate will be 8.9 percent.

The applicable subheading for style number 3134 will be 6202.13.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers: other: containing 36 percent or more by weight of wool or fine animal hair. The duty rate will be 43.5¢/kg + 19.7 percent ad valorem.

Styles 3018, 3025 and 3169 fall within textile category designation 335. Based upon international textile trade agreements products of Turkey, Sri Lanka and Vietnam are presently subject to quota restraints and the requirement of a visa.

Style 3134 falls within textile category designation 435. Based upon international textile trade agreements products of Indonesia 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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