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NY L86681




August 26, 2005

CLA-2-62:RR:NC:TA:357 L86681

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of a women’s jacket from Hong Kong

Dear Mr. Spoto:

In your letter dated August 9, 2005, on behalf of Eastern Pacific Apparel, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style S/6310NA, is a women’s jacket with body panels of 100% polyester woven fabric and sleeves, waistband and collar of 100% cotton rib knit fabric. The jacket has a full front opening with an eight-snap, right-over-left closure, long sleeves and on-seam pockets at the waist. The woven shell is quilted to a thin batting and to a woven polyester inner fabric.

Your letter indicates that the woven portions of this jacket are water resistant; however, the presence of the knit sleeves precludes classification as such.

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.

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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