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NY M84500




July 19, 2006

CLA-2-62:RR:NC:WA:357 M84500

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5055

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of a padded sleeveless jacket from China

Dear Ms. Studeny:

In your letter dated June 15, 2006, on behalf of Mondetta, you requested a classification ruling.

The sample submitted, style number COFL6001, is a woman’s hip-length padded sleeveless jacket constructed of a shell composed of a woven quilted 100% polyester fabric that has a visible polyurethane coating on the inner surface. The garment is lined with a woven 100% polyester fabric and has a down and feather fill.

The garment is slightly fitted at the waist, has a full front opening secured by a zipper closure, oversized armholes, a stand-up collar, two front pockets with zipper closures below the waist and a hemmed bottom that is cut straight and is shorter in the front and is cut round and is longer in the rear.

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules of the United States, when goods are prima facie classifiable in both headings 6210 and in other headings in Chapter 62, excluding 6209, they are to be classified in heading 6210.

Classification in a subheading for anoraks, ski-jackets and similar articles is precluded, as this item is sleeveless and is therefore not classifiable as a jacket.

The applicable subheading for the padded sleeveless jacket will be 6210.50.5055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: Of man-made fibers: Other: Other. The duty rate will be 7.1 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 garment falls within textile category designation 659. 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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