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NY N018293




October 18, 2007

CLA-2-61:OT:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
Attorneys At Law
55 West 39th Street
New York, NY 10018

RE: The tariff classification of junior-sized garments from China.

Dear Ms. Kelly-Kobayashi:

In your letter dated October 5, 2007, you requested a classification ruling on merchandise that you have indicated is perspective in nature on behalf of your client Chica Bonita Inc. Your samples are being retained for our files.

Style 7119 is a junior-sized jacket that is constructed from a printed 95% cotton and 5% spandex knit fabric. The garment features a full front opening with a zipper closure, a hood that can be tightened by means of a drawstring, long sleeves with rib knit cuffs, kangaroo pockets at the waist, and a tight fitting rib knit garment bottom.

Style 205L is also a junior-sized jacket that is constructed from 95% cotton and 5% spandex knit fabric. The garment features a full front opening with a zipper closure, a hood that can be tightened by means of a drawstring, long sleeves with rib knit cuffs, two side pockets at the waist, the words “Bling Baby” with dollar signs and diamonds printed on the front of the garment, and a tight fitting rib knit bottom.

The applicable subheading for styles 7119 and 205L will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: womens. The duty rate will be 15.9% 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/.

Style numbers 7119 and 205L fall within textile category 335. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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.

We are unable to rule on style 7151 as we require a junior size medium final production sample. Please provide the sample with sizing labels and hangtags in the condition as will be imported. Please advise the size number of the size medium garment. We are retaining the size small sample for our records.

If you decide to resubmit your request for style 7151, please include all of the material that we have returned to you along with the requested garment sample and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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