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NY N022751





February 29, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1359 Broadway, 22nd Floor
New York, N.Y. 10018

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

Dear Ms. Whitley:

In your letter dated January 30, 2008, on behalf of Steinmart, you requested a classification ruling.

The sample submitted, style number P14, is a woman’s hip-length jacket with the two front panels made from a woven 100% polyester fabric quilted to a nonwoven batting fill, and the sleeves, rear panel and the collar made from a rib-knit 100% cotton fabric. The front panels are lined with a woven man-made fiber fabric. The jacket has a full front opening secured by a zipper closure, a stand-up neck warmer collar, long sleeves and two front pockets with zipper closures at the waist.

In your letter you inquired as to which part of the garment determines its classification. The essential character of this garment is imparted by the woven front panels.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s anoraks, windbreakers and similar articles: of man-made fibers: other: other: other. The duty rate will be 27.7 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 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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