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NY N025813




April 11, 2008

CLA-2-61:OT:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010; 6102.30.2020

Ms. Michelle L. Wells
Metro Customs Brokers
P.O. Box 1066
Champlain, NY 12919

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

Dear Ms. Wells:

In your letter dated March 19, 2008, on behalf of Total Kids Wear, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, style 38031 is a girls’ (toddler size 2T-4T) hip-length jacket. The shell outer surface is made of knit polyester faux suede fabric. The shell inner surface is made of polyester knit pile fabric. The outer shell fabric and the inner shell fabric are bonded to a water resistant membrane. The jacket has a hood, a full frontal opening secured with a zipper closure, long sleeves, two slash pockets at the waist and a finished bottom. The same garment will be imported in girls’ sizes 4-6X and 7-16 and women’s sizes S,M,L and XL.

Following Chapter 60, Note 1(c), laminated knit pile fabric whether laminated to a knit or to a woven fabric is considered a knit fabric.

The applicable subheading for style 38301 (girls’ sizes 2T-4T, 4-6X and 7-14) will be 6102.30.2020, 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 those of heading 6104: of man-made fibers: other: other, girls’. The duty rate will be 28.2 percent ad valorem.

The applicable subheading for style 38301 (ladies’ sizes) will be 6102.30.2010, 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 those of heading 6104: of man-made fibers: other: other, women’s. The duty rate will be 28.2 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 38031 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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