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NY H85880




December 12, 2001

CLA-2-62:RR:NC:WA:357 H85880

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

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

Dear Mr. Stack:

In your letter received in this office on December 5, 2001, on behalf of Avon Products, Inc., you requested a classification ruling.

The sample submitted, style number PP 228349, “Diamond Stitch Quilted Jacket”, is a woman’s thigh-length jacket. The jacket is constructed of a shell composed of a woven 100% polyester fabric and of a lining composed of an interlock knit 100% polyester fabric which are quilted together in a diamond pattern to a nonwoven polyester batting fill in between.

In a phone conversation you indicated that the garment is not coated for water resistance.

The jacket has a fold down quilted round edge collar, a full front opening secured by four right-over-left metal snap closures, long sleeves with a v-shape vent opening at the wrist area and two front patch pockets below the waist. The garment is trimmed with a capping fabric surrounding its edges.

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 (HTS), which provides for other women’s anoraks, windbreakers and similar articles, of man-made fibers. The duty rate is 28.2 percent ad valorem. Effective January 1, 2002, the duty rate will be 28.1 ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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