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NY L88562





December 5, 2005

CLA-2-62:RR:NC:N3:360 L88562

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a woman’s jacket from China. Correction to Ruling Number L88934

Dear Mr. Stack:

This replaces Ruling Number L88934, dated November 25, 2005, which contained a clerical error in the rate of duty and textile category designation provided. A complete corrected ruling follows.

In your letter dated November 15, 2005, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample was returned to you as requested.

Style 49216MO is a woman’s jacket constructed from 57 percent polyester, 35 percent cotton and 8 percent rayon woven fabric. The jacket features a quilted shell, long sleeves, a collar and a full front zippered opening.

The applicable subheading for the jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits ands swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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