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NY H81936

July 3, 2001

CLA-2-61:RR:NC:WA:357 H81936


TARIFF NO.: 6113.00.9030

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s jacket from Hong Kong; Visibly Coated

Dear Mr. Kelly:

In your letter dated June 6, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a classification ruling.

The sample submitted, style number 31T362436, is a woman’s hip-length jacket constructed of a shell composed of a knit 100% polyester fabric which has a visible polyurethane coating on the outer surface and is quilted to a down fill. The jacket is lined with a woven 100% nylon fabric.

The coating does not completely obscure the underlying polyester fabric.

The jacket has a pointed fold-down collar and a full front opening that is secured by a two metal hook and loop fasteners at the neck and five left-over-right metal snaps along the front placket. Each snap features the “Ralph RL” logo. The jacket has two front in-seam pockets located at the waist, long hemmed sleeves with inner elasticized storm cuffs and a straight cut hemmed bottom.

Although the garment has a left-over-right closure, the specification sheet you submitted with your letter clearly indicates that the jacket is designed for a woman.

Examination of the sample indicates that the components were cut to shape, quilted and then assembled. This ruling is applicable only under those conditions. Any change in the manufacturing sequence may have an impact on the classification of the garment and should be brought to our attention immediately.

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

In accordance with Legal Note 8 of Chapter 61 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both heading 6113 and in other headings in Chapter 61 excluding 6111, they are to be classified in heading 6113.

The applicable subheading for the jacket will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: other: women’s or girls’. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 635. 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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