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NY N022335




February 21, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2051

Mr. Richard T. Leier
Island Import & Export Company
4201 Woodland Rd.
Circle Pines, MN

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

Dear Mr. Leier:

In your letter dated January 23, 2008, on behalf of Fred’s Inc., of Memphis, TN, you requested a classification ruling.

The item in question, style MF818/9, is a men’s shirt-styled jacket. You indicated that this item is identical to the subject of our earlier ruling, file N019407, in which the merchandise was described as a men’s hip-length shirt-style jacket with a shell composed of a woven plaid 100% cotton flannel fabric. The jacket is lined with a woven 100% nylon fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill. The jacket has a full front opening secured by a left-over-right, seven button closure, a fold-down pointed collar and long vented sleeves with a button closure on the cuffs. The garment has two chest pockets with flaps secured by a one-button closure, two side seam pockets at the waist, two side seam vents in combination with a back seam and a straight cut hemmed bottom.

The applicable subheading for style MF818/9 will be 6202.92.2051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of cotton. The duty rate will be 9.4 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/.

Style MF818/9 falls within textile category 334. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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