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NY L83467




April 13, 2005

CLA-2-62:RR:NC:WA:357 L83467

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000; 6110.90.1060

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s raincoat and a woman’s cardigan from China

Dear Ms. Fox:

In your letter dated March 17, 2005, on behalf of Sugartown Worldwide, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 62787 is a woman’s lower thigh-length raincoat that is constructed of a shell composed of a woven 100% nylon fabric which has a visible Gore-Tex lamination on the inner surface. The garment is lined with a woven man-made fiber fabric.

The raincoat is slightly fitted at the waist, has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the collar. The garment also has a zip-off hood that is secured by a drawcord tightening and by a tab with two snap closures at the chin area, long hemmed sleeves, grommets under each armhole for ventilation, two front pockets with side openings below the waist, two inner pockets with zipper closures and a straight cut hemmed bottom with a rear vent.

Style 62762 is a woman’s cardigan that is constructed from 70% silk/30% cotton knit fabric (the sleeves, the back panel, the waistband) and 91% silk/9% spandex, woven fabric (most of the front panels). The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a round neckline, long raglan sleeves with ribbed cuffs, a full front opening with seven button closures and a ribbed bottom. The placket is finished with a knit fabric.

The essential character of the cardigan is given by the knit fabric; Harmonized Tariff Schedule of the United States (HTS) General Rules of Interpretation (GRI), Rule 3, noted.

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

The applicable subheading for the raincoat will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the cardigan will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters and similar articles, knitted: of other textile materials: containing 70 percent or more by weight of silk or silk waste: other: women’s. The duty rate will be 0.9 percent ad valorem.

The raincoat falls within textile category designation 635. The cardigan falls within textile category designation 739. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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