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NY H88299

February 27, 2002

CLA-2-61:RR:NC:TA:358 H88299


TARIFF NO.: 6102.30.2020; 6111.30.5040

Elizabeth M. Cantu
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a sweater jacket from the Philippines

Dear Ms. Cantu:

In your letter dated February 20, 2002 you requested a classification ruling.

Submitted style 022A, the fronts, back, and hood of which are manufactured from fleece fabric of 100% polyester, is further characterized by a rib-knitted waistband and long sleeves of 100% acrylic, by a full-front, zippered opening, by an open pocket at each side of the front of the garment, and is ornamented by embroidery at the chest area of one of the fronts.

In infants’ sizes the applicable subheading for the garment, which has been submitted in the color pink, will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of synthetic fibers, other, other, other; and in larger sizes will be 6102.30.2020, which provides for girls’anoraks, windbreakers and similar articles, knitted, other than those of heading 6104, of man-made fibers, other, other, girls’. The duty rates will be 16.2 and 28.6 per cent ad valorem, respectively.

In infants’ sizes the garment falls within textile category designation 239 and within girls’ sizes within 635. Based upon international textile trade agreements products of the Philippines 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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