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NY N010910





May 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.9021

Ms. Shelly Mendoza
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

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

Dear Ms. Mendoza:

In your letter dated April 30, 2007, you requested a classification ruling. You submitted a sample which will be returned as you requested.

The item in question, style F48U7, is a women’s jacket with a shell made from a 50% silk/48% wool/1% polyester/1% spandex fabric. The garment has a center back length of twenty-seven inches. It has a six-button front closure with a covered placket, a throat latch with a button closure, slant, besom pockets in the front, a notched collar with lapels, epaulets with stitching that creates a crimped effect, long sleeves with decorative buttons at the wrist, a decorative one-button fabric segment in the center back and a pleat in the lower back.

The applicable subheading for style F48U7 will be 6202.99.9021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, subject to wool restraints. The duty rate will be 2.8 percent ad valorem.

Due to the fact that the jacket is to be constructed of a 50/48/2 blend of fibers, it is classified using HTSUS Section XI Note 2(A). The jacket will be classified based on the component fiber in chief weight. Even a slight change in the fiber content may result in a change of classification. The jacket may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/48/2 blend it may be reclassified by Customs at that time.

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/.

This jacket falls within textile category 435. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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