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NY L87265




September 23, 2005

CLA-2-62:RR:NC:TA:357 L87265

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

Mr. Howard J. Woltmann
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike
Lawrence, NY 11559

RE: The tariff classification of a women’s outerwear jacket from China

Dear Mr. Woltmann:

In your letter dated September 1, 2005, on behalf of FU-DA International, you requested a classification ruling.

The submitted sample, style F4471DK15, is made from a 100% polyester woven shell fabric with a back coating for water resistance. The jacket has a full front opening with a zipper closure that extends to the top of the collar, long sleeves with rib knit cuffs, slant pockets at the waist, a rib knit waistband and a full mesh lining. The outside seams of the sleeves have a contrasting knit fabric overlay.

With your request you provided a copy of a report from a private testing laboratory indicating that the fabric meets the requirements for water resistance. We have not confirmed those results in the Customs laboratory. However, the responsible Customs officer may choose to do so at the time of importation.

Based on the information you submitted the applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.1 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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