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NY L80467




December 7, 2004

CLA-2-62:RR:NC:TA:357 L80467

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Lynne McGowan
Hamrick’s of North America, Inc.
742 Peachoid Road
Gaffney, SC 29341

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act of a women’s jacket from an unspecified country

Dear Ms. McGowan:

In your letter dated November 5, 2004, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 8T90, is a women’s lightweight outerwear jacket with a woven shell made of 100% polyester fabric. The jacket is hip-length and has a full front opening with a zipper closure, an elasticized waistband, long sleeves with elasticized ends, a pointed collar, on-seam pockets at the waist and a contrasting facing fabric sewn at the waist and the neck and along the zipper tape. This contrasting fabric is backed with a nonwoven fusible fabric that is fused and sewn with overlock stitching to the facing fabric. It extends vertically from the waistband parallel to the zipper closure and extends to the center back under the collar to form a half-moon shaped patch.

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.

According to your letter the body fabric was woven in the United States from U.S. yarns, and the zipper and the sewing thread are of U.S. origin. The fusible nonwoven used on the facing and the elastic are wholly formed in the U.S. and will be sent in rolls to the CBTPA country and cut to length. The facing fabric is imported from Taiwan and constitutes less than 25% of the cost of the components in the finished garment.

The facing fabric and patch on this jacket as presented are considered primarily decorative. Textile findings and trimmings are allowed under the Caribbean Basin Trade Preference Act provided that their value does not exceed 25 percent of the cost of the components of the garment.

Based upon the information you provided, this jacket is eligible for duty-free treatment under subheading 9820.11.06, HTSUS, which provides for:

Apparel articles sewn or otherwise assembled in one or more such countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more such countries from yarns wholly formed in the United States, or from components knit to shape in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the tariff schedule and are wholly formed in the United States), under the terms of U.S note 2(a) to this subchapter.

This jacket falls within textile category designation 635. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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