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August 25, 1999

CLA-2-62:RR:NC:WA:357 E85007

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 6210.50.5055; 6210.50.3000

Ms. Elizabeth Hodur
Warnaco, Inc.
149 Madison Avenue
5th floor
New York, NY 10016

RE: The tariff classification of women’s outerwear from China

Dear Ms. Hodur:

In your letter dated July 20, 1999, you requested a classification ruling. Samples were submitted and are being returned as you requested. Each item will be imported in several colors, with po numbers to distinguish the colors. The garments are part of your CK Jeans Women’s line.

Style WJ2RB032/po37262 in white or black, and WJ2RB032/po37680 in navy blue, is a women’s jacket with a full-front opening secured by a zipper which is covered by a flap with four snaps. It has slant pockets with zippers at the waist, pockets with snapped flaps in the chest, a woven lining, an insulating batting and a removable insulated hood. The shell is made from a 65% polyester/35% cotton woven fabric coated on its outer surface with a plastics material.

Style WJ2RB035/po37264 in light blue or black, and WJ2RB035/po37681 in navy blue, is a padded sleeveless jacket with a full-front zipper opening covered by four snaps, a standup collar with two snaps, pockets with flaps at the waist and zippered pockets in the chest. This garment has a nonwoven batting and a woven lining. The shell is made from a 65% polyester/35% cotton woven fabric coated on its outer surface with a plastics material.

Style WJ2RB0511/po37265 in white or black, and WJ2RB0511/po37682 in navy blue, is an unlined jacket with a zipper closure that extends to the top of the collar. The zipper is covered by a flap with six snaps. The jacket has side entry pockets at the waist, zippered pockets in the chest and a horizontal pocket with a zipper closure on the lower back. The shell is made from a 65% polyester/35% cotton woven fabric coated on its outer surface with a plastics material.

Examination of the samples and fabrics indicates that the navy blue fabric has a plastic application which is calendered and completely obscures the underlying fabric. For the remaining colors, while there is a visible coating, the coatings do not completely obscure the underlying fabric.

The applicable subheading for WJ2RB032/po37262 and WJ2RB0511/po37265 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for WJ2RB035/po37264 will be 6210.50.5055, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s garments of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for WJ2RB032/po37680, WJ2RB035/po37681 and WJ2RB0511/po37682 will be 6210.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s anoraks, windbreakers and similar articles of man-made fibers, having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric. The duty rate will be 5.7 percent ad valorem.

WJ2RB032/po37262 and WJ2RB0511/po37265 fall within textile category designation 635; style WJ2RB035/po37264 falls within category 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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