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NY F81619

January 28, 2000

CLA-2-62:RR:NC:WA:357 F81619


TARIFF NO.: 6202.93.2020

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of a woman's reversible padded sleeveless jacket from Hong Kong

Dear Mr. Lynch:

In your letter dated January 6, 2000, on behalf of your client, Susan Bristol, Inc., you requested a classification ruling.

The sample submitted, style number 1042411, is a woman's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a brushed pile knit 75% polyester/25% rayon fleece fabric. The other side is constructed of a woven 100% polyester fabric. The garment is quilted on both sides to a nonwoven batting fill.

The garment has a round neckline in the front, a full front opening that is secured by a zipper closure and oversized armholes. The garment's bottom hem is cut shorter in the front and longer in the back. The garment does not have pockets either on the knit side or the woven side.

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

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the knit 75% polyester/25% rayon fabric nor the woven 100% polyester fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' padded, sleeveless jackets, of man-made fibers. The duty rate will be 15.7 percent ad valorem.

The padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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.


Robert B. Swierupski

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