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NY L85605




July 6, 2005

CLA-2-62:RR:NC:N3:360 L85605

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020; 6204.33.5010; 6206.40.3030

Ms. Linda Quinn
Stonepath Logistics International Services, Inc. 980 Lone Oak Road
Suite 134
Eagan, MN 55121

RE: The tariff classification of a woman’s cape, jacket and shirt from China and Taiwan

Dear Ms. Quinn:

In your letter dated June 10, 2005, you requested a tariff classification ruling on behalf of Christopher & Banks Company. The submitted samples will be returned to you as requested.

Style 4773 is a woman’s shirt constructed from 86 percent acrylic and 14 percent polyester woven fabric. The shirt features long sleeves, a collar, a lining and a full front opening secured by five buttons.

Style 7282 is a woman’s jacket constructed from 54 percent polyester and 46 percent acrylic woven fabric. The jacket features long sleeves, a round neckline and an unsecured full front opening. The neckline, front opening and sleeve edges have a fringed trim.

Style 7283 is a woman’s cape constructed from 54 percent polyester and 46 percent acrylic woven fabric. The garment is rectangular in shape and measures 55 inches long (including fringe) by 48 inches wide (including fringe). The garment extends from the shoulders to above the knee and covers the arms to below the elbows. The garment is open on the sides and the front opening and hem have a fringed trim.

The applicable subheading for style 4773 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for style 7282 will be 6204.33.5010, 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 synthetic fibers: other: women’s. The duty rate will be 27.3 percent ad valorem.

The applicable subheading for style 7283 will be 6202.13.4020, 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: over coats, carcoats, capes, cloaks and similar coats: of man-made fibers: other: other: other: women’s. The duty rate will be 27.7 percent ad valorem.

Style 4773 falls within textile category designation 641; styles 7282 and 7283 fall 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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