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NY K86389




June 18, 2004

CLA-2-62:RR:NC:N3:360 K86389

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2026; 6204.32.2010; 6211.42.0056

Mr. Doug Hyland
Nordstrom
Customs Compliance Department
1617 Sixth Avenue
Suite 1000
Seattle, WA 98101

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

Dear Mr. Hyland:

In your letter dated May 18, 2004, you requested a ruling on tariff classification. The submitted samples will be returned to you as requested.

Style BP77045 is a woman’s woven shirt constructed from 100 percent cotton corduroy fabric. The shirt features long sleeves with snap cuffs, a collar, two pockets at the waist and a full front opening secured by five snap closures.

Style BP77042 is a woman’s woven jacket constructed from 100 percent cotton corduroy fabric. The jacket features long sleeves with hook and loop fasteners, a funnel-like collar, two pockets at the waist and a full front opening secured by a zipper. The jacket has an overlapping storm flap with a hook and loop fastener on the collar and along the front placket covering the zipper area.

Style BP77043 is a woman’s woven jacket constructed from 100 percent cotton corduroy fabric. The jacket features long sleeves, a notched collar, two pockets below the waist and a full front opening secured by two buttons.

In your letter you have suggested classification of style BP77042 under heading 6211, HTS, as a shirt. This garment has features more commonly found on outerwear jackets classified under heading 6202, HTS.

The applicable subheading for style BP77045 will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank style and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for style BP77042 will be 6202.92.2026, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of cotton: other: corduroy: women’s. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for style BP77043 will be 6204.32.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of cotton: other: corduroy: women’s. The rate of duty will be 9.4 percent ad valorem.

Style BP77045 falls within textile category designation 341 and styles BP77042 and BP77043 fall within textile category designation 335. 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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